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MABE v. STATE

No. 9204.

385 P.2d 401 (1963)

Orville O. MABE, and Edna Mabe, Husband and Wife, Plaintiffs-Appellants, v. The STATE of Idaho, on relation of Roscoe C. RICH, Ernest F. Gaffney and Wallace C. Burns, the Board of Highway Directors, Defendant-Respondent.

Supreme Court of Idaho.

September 26, 1963.

Attorney(s) appearing for the Case

Clemons, Skiles & Green, Elam, Burke, Jeppesen & Evans, Boise, for appellants.

Allan G. Shepard, Atty. Gen., Boise, Faber F. Tway, Chief Legal Counsel, Department of Highways, Anton Hohler and W. Kent Naylor, Boise, for respondent.

McFADDEN, Justice.

In the prior opinion in this action, Mabe v. State, 83 Idaho 222, 228, 360 P.2d 799, 802, the District Court entered its order granting respondent's motion for summary judgment against appellants Mabe and wife, which order was reversed by this court and the cause remanded with the following statement:

"* * * Should further proceedings show that there had been such a substantial impairment of appellants...

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