ROBERTSON v. STATE HIGHWAY COMMISSION

No. 3717.

450 P.2d 1003 (1969)

Jack ROBERTSON and Nadene Joyce Robertson, Appellants (Defendants below), v. STATE HIGHWAY COMMISSION of Wyoming, Appellee (Plaintiff below).

Supreme Court of Wyoming.

March 5, 1969.


Attorney(s) appearing for the Case

Robert A. Hufsmith, of Hufsmith & Gowen, Jackson, for appellants.

James E. Barrett, Atty. Gen., Glenn A. Williams, James O. Douglass, Special Asst. Attys. Gen., Cheyenne, for appellee.

Before GRAY, C.J., and McINTYRE, PARKER, and McEWAN, JJ.


Mr. Justice McINTYRE delivered the opinion of the court.

This is an eminent domain case. The only contention made by appellants, who are landowners, is that the district court erred in not allowing their motion to quash the summons in condemnation.

Rule 71.1(d) (1), W.R.C.P., pertaining to condemnation provides, at the time of filing the complaint, the plaintiff shall apply to the court for an order fixing the time and place for a hearing on the complaint...

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