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COMSTOCK v. IOWA STATE HIGHWAY COMMISSION

No. 50923.

121 N.W.2d 205 (1963)

Francis COMSTOCK, Appellee, v. IOWA STATE HIGHWAY COMMISSION, Appellant.

Supreme Court of Iowa.

April 9, 1963.

Attorney(s) appearing for the Case

Evan Hultman, Atty. Gen., C. J. Lyman, Special Asst. Atty. Gen., James E. Thomson, State Counsel, Ames, and Norelius & Norelius, Denison, for appellant.

Raun & Franck, Denison, and Clark & Clark, Ames, for appellee.

SNELL, Justice.

Plaintiff, Francis Comstock, appealed to the district court from the assessment of damages for the taking by eminent domain of a part of his leasehold. The property appropriated was underlaid with sand and gravel subject to removal by plaintiff for processing and sale. From the award following trial by district court jury defendant, Iowa State Highway Commission, has appealed to us.

Plaintiff is a sand and gravel contractor. He owns and operates...

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