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STATE BOARD OF HIGHER EDUC. v. STEWART

236 Or. 386 (1963)

388 P.2d 113

STATE BOARD OF HIGHER EDUCATION v. STEWART ET AL, GEUTHER ET AL

Supreme Court of Oregon.

Reversed and remanded December 31, 1963.

Petition for rehearing denied January 28, 1964.

Attorney(s) appearing for the Case

James W. Walton, Corvallis, argued the cause for appellants. On the briefs were Ringo and Walton.

Karl T. Huston, Corvallis, argued the cause and submitted a brief for respondents.

Before McALLISTER, Chief Justice, and PERRY, O'CONNELL, DENECKE and LUSK, Justices.

REVERSED AND REMANDED.

O'CONNELL, J.

This is an appeal by defendants Stewart and Christianson from an award made by the trial court to defendants Geuther and Schierholz in a condemnation proceeding.

The State Board of Higher Education brought an action to condemn certain real property consisting of land and building which defendants Stewart and Christianson were purchasing under a contract from defendants Moore. Defendants Geuther and Schierholz were...

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