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STATE EX REL. SYMMS v. COLLIER

No. 10339.

454 P.2d 56 (1969)

93 Idaho 19

The STATE of Idaho ex rel. R. Doyle SYMMS, Howard B. Thomason and C. Ed Flandro, Idaho Board of Highway Directors, Plaintiff-Appellant, v. Emerson J. COLLIER and Marie J. Collier, husband and wife and Lilah D. Holden, Defendants-Respondents.

Supreme Court of Idaho.

Rehearing Denied June 2, 1969.

Attorney(s) appearing for the Case

Faber F. Tway and Anton Hohler, Boise, for plaintiff-appellant.

Anderson, Kaufman, Anderson & Ringert, Boise, for defendants-respondents.

DONALDSON, Justice.

June 12, 1967, plaintiff (appellant) State of Idaho instituted this action in eminent domain against defendants-respondents1 Emerson and Marie Collier, husband and wife, to acquire 25.47 acres of land located in Ada County for the purpose of constructing thereon an interchange between Broadway Avenue, Boise, and Interstate Highway 80N. The property to be acquired was part of a 40 acre tract belonging to defendants....

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