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STATE HIGHWAY COMMISSION v. McNIFF

No. 3207

395 P.2d 29 (1964)

STATE HIGHWAY COMMISSION of Wyoming, Appellant (Plaintiff below), v. Esther M. McNIFF, for herself and as sole heir, devisee, legatee, and executrix of the Estate of Raphael A. McNiff, deceased, Appellee (Defendant below).

Supreme Court of Wyoming.

August 28, 1964.

Attorney(s) appearing for the Case

John F. Raper, Atty. Gen., Glenn A. Williams, Asst. Deputy Atty. Gen., and Dean W. Clark, Sp. Asst. Atty. Gen., Cheyenne, for appellant.

Hickey, Rooney & Walton, John J. Rooney, and J.J. Hickey, Cheyenne, for appellee.

Before PARKER, C.J., and HARNSBERGER, GRAY, and McINTYRE, JJ.

Mr. Chief Justice PARKER delivered the opinion of the court.

The State Highway Commission of Wyoming, acting under § 1-754, et seq., W.S. 1957, filed a petition for condemnation of 5.6 acres of the McNiffs' unimproved land immediately west of the city limits of Rawlins. Three court-appointed appraisers valued the land at $22,620, whereupon the commission demanded a jury trial on the issue of the amount to be paid.

Following the trial, the jury returned...

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