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STATE v. THIRTEENTH JUDICIAL DISTRICT

No. 9892.

419 P.2d 679 (1966)

STATE of Idaho, ex rel. R. Doyle SYMMS, Ernest F. Gaffney and C. Ed Flandro, Idaho Board of Highway Directors, Plaintiff, v. The THIRTEENTH JUDICIAL DISTRICT of the State of Idaho and the Honorable Gus Carr Anderson, District Judge, Presiding, Defendants.

Supreme Court of Idaho.

October 28, 1966.

Attorney(s) appearing for the Case

Faber F. Tway, Anton Hohler, Jack C. Riddlemoser and F. Robert Studdert, Boise, for plaintiff.

Baum, Peterson & Kugler, Pocatello, for defendants.

SMITH, Justice.

Plaintiff commenced this original mandamus and prohibition proceeding, seeking to compel defendants to grant a jury trial and to restrain them from proceeding to trial without a jury of two certain condemnation actions.

Plaintiff filed the actions pursuant to I.C., Tit. 7, Chap. 7, in the Franklin County District Court; one on February 11, 1965, against Gloyd L. Bennett and Geraldine S. Bennett, his...

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