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MOUNTAIN STATES TELEPHONE & TELEGRAPH CO v. KELLY

No. 10361.

459 P.2d 349 (1969)

93 Idaho 226

MOUNTAIN STATES TELEPHONE & TELEGRAPH COMPANY, Plaintiff-Respondent, v. James P. KELLY and Ynes Kelly, husband and wife, Defendants, Counter-claimants and Appellants.

Supreme Court of Idaho.

Rehearing Denied October 20, 1969.

Attorney(s) appearing for the Case

James P. Kelly and Ynes Kelly, pro se.

Stephan & Balleisen, Twin Falls, for appellee.

PER CURIAM.

Appellants, James P. Kelly and Ynes Kelly, are the owners of real property situated in Jerome County, Idaho. Prior to their acquisition of the property, the State of Idaho secured a highway right-of-way across the property from the federal government in conformance with the Federal Aid Highway Act of 1921 (42 Stat. 212). Also prior to acquisition of the property by the Kellys, Plaintiff-respondent, telephone company, placed and thereafter maintained telephone...

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