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JANKO v. STATE EX REL. DEPARTMENT OF HIGHWAYS

No. 41837.

455 P.2d 681 (1969)

Joe JANKO and Ann Janko, husband and wife, and Capitol Hill Savings & Loan Association, Plaintiffs in Error, v. STATE of Oklahoma ex rel. DEPARTMENT OF HIGHWAYS of the State of Oklahoma, Defendant in Error.

Supreme Court of Oklahoma.

Rehearing Denied July 1, 1969.

Attorney(s) appearing for the Case

Berry & Berry, James W. Bill Berry, Oklahoma City, Frank Eagin, Oklahoma City, on the brief, for plaintiffs in error.

John Paul Walters, Chief of Legal Division, Oklahoma Highway Dept., Oklahoma City, by Max Cook, Lawton, for defendant in error.

DAVISON, Justice.

Joe Janko, Ann Janko and Capitol Hill Savings & Loan Association, defendants below, appeal from a judgment rendered on a jury verdict in an eminent domain proceeding brought by the plaintiff, Department of Highways of the State of Oklahoma, to appropriate a part of defendants' land.

Plaintiff instituted the proceedings for the purpose of acquiring the west 0.14 acres of defendants' land, and...

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