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SMITH v. STATE EX REL. DEPARTMENT OF HIGHWAYS

No. 42192.

477 P.2d 851 (1970)

Don SMITH and Ora Mae Smith, husband and wife, Plaintiffs in Error, v. STATE of Oklahoma ex rel. Department OF HIGHWAYS of the State of Oklahoma, Defendant in Error.

Court of Appeals of Oklahoma, Division No. 30.

October 6, 1970.

Attorney(s) appearing for the Case

Sandlin & Daugherty, by Hugh M. Sandlin, Holdenville, for plaintiffs in error.

John Paul Walters, Chief Counsel, by Thomas Keltner, Oklahoma City, Legal Division, Dept. of Highways, of Oklahoma, for defendant in error.

DOTY, Judge.

The parties to this appeal will be referred to herein as they appeared in the trial court.

Plaintiff, State of Oklahoma, ex rel. Department of Highways of the State of Oklahoma, brought this proceeding in condemnation of two certain strips of land owned by the defendants. After the report of a duly appointed commission, defendants demanded a trial by jury.

In constructing State Highway 99 running...

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