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STATE HIGHWAY COMMISSION v. HOOPER

468 P.2d 540 (1970)

STATE of Oregon, by and through Its State HIGHWAY COMMISSION, Composed of Glenn L. Jackson, David B. Simpson and Fred W. Hill, Appellant, v. John N. HOOPER and Catharine Hooper, Husband and Wife; and Bill Rose, Respondents.

Court of Appeals of Oregon, Department 1.

Decided April 23, 1970.

Rehearing Denied May 27, 1970.

Review Granted August 18, 1970.

Attorney(s) appearing for the Case

Leslie B. Hampton, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the briefs were Glen V. Sorensen, G.E. Rohde, Asst. Attys. Gen., and Chief Counsel for the Oregon State Highway Commission, and Lee Johnson, Atty. Gen., Salem.

George W. Mead, Portland, argued the cause for respondents. With him on the brief was James G. Heltzel, Salem.

Before SCHWAB, C.J., and FORT and BRANCHFIELD, JJ.

BRANCHFIELD, Judge.

This is an action brought to condemn, for highway purposes, certain real property owned by the defendants Hooper, hereafter referred to as the defendants. After a verdict and judgment, the Highway Commission has appealed, claiming that the trial court erred in excluding certain testimony offered by the plaintiff, in admitting certain testimony offered by the defendants and in failing to give certain requested instructions. The basic question presented...

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