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  5. 140 N.W.2d 115 (1966)
 

SCOULAR-BISHOP GRAIN CO. v. IOWA STATE HIGHWAY COM'N

No. 51975.

140 N.W.2d 115 (1966)

SCOULAR-BISHOP GRAIN CO., a Corporation, Appellee, v. IOWA STATE HIGHWAY COMMISSION, Appellant.

Supreme Court of Iowa.

Rehearing Denied April 5, 1966.

Attorney(s) appearing for the Case

Lawrence F. Scalise, Atty. Gen., Raymond T. Walton, Sp. Asst. Atty. Gen., L. Michael McGrane, Asst. Atty. Gen., Ames, and John Leroy Peterson, Council Bluffs, for appellant.

Ross, Johnson, Stuart, Tinley & Peters, Council Bluffs, for appellee.

MASON, Justice.

Iowa State Highway Commission instituted condemnation proceedings to acquire part of a tract of land in Pottawattamie County, owned by plaintiff, for primary road right of way and other specified related purposes. The entire tract was mortgaged to Northwestern Mutual Life Insurance Company. A condemnation jury was appointed and on April 7, 1964, made a joint award of $49,200 to the landowner and mortgagee.

Notice of appeal to the district court...

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