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S.F. BAY AREA RAPID TRANSIT DIST. v. McKEEGAN

Docket No. 24323.

265 Cal.App.2d 263 (1968)

71 Cal. Rptr. 204

SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT, Plaintiff, v. EDWARD J. McKEEGAN et al., Defendants and Respondents; ARNOLD L. SANTUCCI et al., Defendants and Appellants.

Court of Appeals of California, First District, Division Two.

August 27, 1968.

Attorney(s) appearing for the Case

Breed, Robinson & Stewart and James R. McCall for Defendants and Appellants.

Tinning & DeLap, Dana Murdock and Robert N. Sanford, Jr., for Defendants and Respondents.

TAYLOR, J.

This appeal by the lessees (Arnold and Vida L. Santucci) from a conditional order granting a new trial to the lessors (McKeegan, Henry and McKell) after a jury trial to apportion a condemnation award in the stipulated amount of $150,000, presents a question of first impression under the 1965 amendments to section 657 of the Code of Civil Procedure as construed in Mercer v. Perez, 68 Cal.2d 104 [

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