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HIGHWAY COMMISSION v. CLARK

238 Or. 505 (1964)

395 P.2d 146

STATE HIGHWAY COMMISSION v. CLARK ET AL

Supreme Court of Oregon.

Reversed September 10, 1964.

Petition for rehearing denied September 29, 1964.

Attorney(s) appearing for the Case

Robert H. Anderson, Assistant Attorney General, Salem, argued the cause for appellant. With him on the brief were Robert Y. Thornton, Attorney General, L.I. Lindas, Assistant Attorney General and Chief Counsel for Oregon State Highway Commission, and J. Robert Patterson, Assistant Attorney General, Salem.

Joel B. Reeder, Medford, argued the cause for respondents. On the brief were Jones and Reeder, Medford.

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

REVERSED.

PERRY, J.

On March 5, 1963, the plaintiff filed an action in the Circuit Court for Jackson County, seeking to condemn 3.4 acres of land for highway purposes. Prior to the filing of the complaint, and on February 19, 1963, the plaintiff tendered the sum of $2,600 to the defendants J.P. Clark et ux, R.E. Van Vleet et ux, and William Wallace Smith et ux, for a deed to the property.

Prior to the filing...

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