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STATE v. BINGHAM GAS AND OIL COMPANY

No. 11055.

440 P.2d 260 (1968)

21 Utah 2d 66

STATE of Utah, By and Through its ROAD COMMISSION, Plaintiff and Appellant, v. BINGHAM GAS AND OIL COMPANY, Theadore A. Eickhoff and Dorothy Eickhoff, his wife, Defendants and Respondents.

Supreme Court of Utah.

April 30, 1968.

Attorney(s) appearing for the Case

Phil L. Hansen, Atty. Gen., Gary A. Frank, Asst. Atty. Gen., Salt Lake City, for appellant.

Robert S. Campbell, Jr., Elliott W. Evans, Salt Lake City, for respondents.

TUCKETT, Justice:

In January, 1967, the State of Utah commenced these proceedings in the District Court for Tooele County to condemn the property of Bingham Gas and Oil Company and the leasehold interests of Theadore A. Eickhoff and Dorothy Eickhoff for the construction of Interstate Highway 80. After a trial to the court without a jury, the court entered judgment in favor of the defendants in the sum of $27,346.10. The State moved the court for a new trial and also...

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