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STATE HIGHWAY COMMISSION v. CENTRAL PAVING CO.

240 Or. 71 (1965)

399 P.2d 1019

STATE HIGHWAY COMMISSION v. CENTRAL PAVING CO. ET AL

Supreme Court of Oregon.

Reversed and remanded March 17, 1965.

Attorney(s) appearing for the Case

J. Robert Patterson, 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 the Oregon State Highway Commission, and Ted E. Barbera, Assistant Attorney General, Salem.

Robert W. DeArmond, Salem, argued the cause for respondents. With him on the brief was Fred W. Calef, Independence, Oregon.

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

REVERSED AND REMANDED.

O'CONNELL, J.

This is a condemnation action brought by the state of Oregon to acquire a parcel of land for highway purposes. Plaintiff appeals from a judgment of $4,500 in favor of defendants. The following statement of facts is adopted from the plaintiff's brief.

Defendants owned 3.73 acres of land upon which they conducted a sand and gravel business. The property is located a few miles west of the city of Salem and lies between...

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