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O'BYRNE v. CITY OF SPOKANE

No. 37660.

67 Wn.2d 132 (1965)

406 P.2d 595

S.J. O'BYRNE, Respondent, v. THE CITY OF SPOKANE, Appellant.

The Supreme Court of Washington, Department One.

October 14, 1965.

Attorney(s) appearing for the Case

John P. Tracy, Jr., Howard A. Anderson, LeRoy C. Kinnie, Dudley L. Wilson, and Don R. Shaw, Jr., for appellant.

Murphy & Merryman, by Patrick H. Murphy, for respondent.

BARNETT, J.†

The facts in this case are concisely set out in the memorandum opinion of the trial court from which we quote:

Sometime previous to December 19, 1961, Spokane School District No. 81 had acquired some forty-five to fifty acres of property, more or less rectangular in shape, in the northeast section of the City of Spokane, which area was bounded on the north by 37th Avenue, on the south by 44th Avenue, on the...

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