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HIGHWAY COMMISSION v. FISCH-OR, INC.

241 Or. 412 (1965)

399 P.2d 1011

406 P.2d 539

STATE HIGHWAY COMMISSION v. FISCH-OR, INC. ET AL

Supreme Court of Oregon.

Reversed and remanded March 17, 1965.

Former opinion modified October 13, 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, and L.I. Lindas, Assistant Attorney General and Chief Counsel for Oregon State Highway Commission, Salem.

Manley B. Strayer, Portland, argued the cause for respondent Fisch-Or, Inc. With him on the brief were Cleveland C. Cory and Richard A. Franzke, Portland.

No appearance for respondent The Prudential Insurance Company of America.

Before SLOAN, Presiding Justice, and O'CONNELL, GOODWIN and DENECKE, Justices.

REVERSED AND REMANDED.

GOODWIN, J.

This is a state highway condemnation case. The jury awarded the landowner substantially less than the landowner had sought. The trial court, believing that the jury had been incorrectly instructed, granted a new trial. The commission now appeals from the order setting aside the verdict and granting a new trial.

The first question is whether or not, at the time it allowed the...

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