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STATE HIGHWAY COMM'R v. MILLER

Docket No. 958.

5 Mich. App. 591 (1967)

147 N.W.2d 424

STATE HIGHWAY COMMISSIONER v. MILLER.

Michigan Court of Appeals.

Decided January 10, 1967.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, Louis J. Caruso, Assistant Attorney General, and Thomas D. Stone, Special Assistant Attorney General, for plaintiff.

Isackson & Beaudry (Robert W. Beaudry, of counsel), for defendants Miller.

BURNS, P.J.

The appellant, State highway commissioner, appeals the award of the condemnation commission confirmed by the circuit court, claiming: 1, the award exceeded the range of testimony; 2, the award was based on erroneous legal principles and was excessive; and 3, the court erred in its instructions allowing the commission to determine damages for the diminution in value of stock and merchandise (not affixed to the real estate) attributed to the condemnation...

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