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STATE EX REL. SYMMS v. V-I OIL COMPANY

Nos. 10580, 10829.

490 P.2d 323 (1971)

94 Idaho 456

The STATE of Idaho ex rel. R. Doyle SYMMS et al., Plaintiff-Appellant, v. V-I OIL COMPANY, an Idaho Corporation, Defendant-Respondent.

Supreme Court of Idaho.

November 4, 1971.

Attorney(s) appearing for the Case

Faber F. Tway, Chief Legal Counsel for Idaho Department of Highways, Boise, for plaintiff-appellant.

Albaugh, Bloem, Smith & Pike, Idaho Falls, for defendant-respondent.

SHEPARD, Justice.

This appeal results from a jury trial and verdict and a judgment thereon in an eminent domain action for the condemnation of real property for highway construction. The land consists of slightly less than one-quarter of an acre and had been used for many years as the site of an independent retail gas station. The jury returned a verdict for $90,060. Plaintiff's motion for judgment notwithstanding the verdict was denied, judgment was entered and this...

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