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STATE, ROAD COMMISSION v. PETTY

No. 10354.

17 Utah 2d 382 (1966)

412 P.2d 914

STATE OF UTAH, BY AND THROUGH ITS ROAD COMMISSION, PLAINTIFF AND APPELLANT, v. NEUMAN C. PETTY AND IREVA G. PETTY, HIS WIFE, DEFENDANTS AND RESPONDENTS.

Supreme Court of Utah.

April 12, 1966.

Attorney(s) appearing for the Case

Phil L. Hansen, Atty. Gen., Ronald N. Boyce, Chief Asst. Atty. Gen., Salt Lake City, for appellant.

Robert M. McRae, Salt Lake City, for respondents.

CROCKETT, Justice.

Plaintiff State Road Commission seeks to take by eminent domain for highway purposes a portion of defendant's land adjacent to Victory Road just north of the Capitol in Salt Lake City. Pursuant to discovery procedures under Rule 33 U.R.C.P. a dispute arose over the trial court's order that the plaintiff answer certain interrogatories. On petition representing that the treatment of the problem here presented will have an important bearing on this...

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