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HARDER v. DEPARTMENT OF FINANCE AND ADMIN.

458 P.2d 947 (1969)

James M. HARDER, Sr., Appellant, v. STATE OF OREGON, Acting by and through the DEPARTMENT OF FINANCE AND Administration of Said State, for the Use of the Bureau of Labor, and the State of Oregon by and through Its State Highway Commission, Respondents.

Court of Appeals of Oregon, In Banc.

Decided September 12, 1969.

Attorney(s) appearing for the Case

Howard I. Bobbitt, Portland, argued the cause and filed the brief for appellant.

H.J. Belton Hamilton, Asst. Atty. Gen., Portland, argued the cause for respondents. On the brief were G. Dwyer Wilson, Asst. Atty. Gen., Portland, and Robert Y. Thornton, Atty. Gen., Salem.

LANGTRY, Judge.

Plaintiff is the assignee of J.M. Harder Appliances, Inc., which leased certain premises in Portland to the State of Oregon for use as office space for the State Bureau of Labor. The lease was for five years, commencing November 1, 1957. The State Highway Commission commenced action for condemnation of the premises for highway construction purposes on July 11, 1962, and on July 12, 1962, by letter, notified all tenants and plaintiff's assignor that...

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