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KELLEY v. STATE EX REL. DEPARTMENT OF HIGHWAYS

No. 42294.

467 P.2d 486 (1970)

Floyd A. KELLEY and Clela Kelley, husband and wife; Kenneth W. Kelley and Nellie M. Kelley, husband and wife; Equitable Life Assurance Society; and Austin Moore and Elsie D. Moore, husband and wife, Plaintiffs in Error, v. STATE of Oklahoma, ex rel. DEPARTMENT OF HIGHWAYS of the State of Oklahoma, Defendant in Error.

Supreme Court of Oklahoma.

April 7, 1970.

Attorney(s) appearing for the Case

Don Hampton, Pawhuska, for plaintiffs in error.

Jim Barnett, Oklahoma City, for defendant in error.

WILLIAMS, Justice.

This is an appeal from a judgment of the trial court sustaining the motion for new trial filed by relator, defendant in error herein, in an action brought to condemn slightly more than 18 acres of defendants' ranch and to obtain certain easement rights thereon for the purpose of relocating U.S. Highway No. 60 in Osage County, Oklahoma.

On appeal, reference will be made to the parties as they appeared...

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