JONES v. IOWA STATE HIGHWAY COMMISSION

No. 54038.

185 N.W.2d 746 (1971)

Frank D. JONES and Adora Jones, Appellants, v. IOWA STATE HIGHWAY COMMISSION acting for and in Behalf of the State of Iowa, Appellee.

Supreme Court of Iowa.

Rehearing Denied June 14, 1971.


Attorney(s) appearing for the Case

Richard C. Turner, Atty. Gen., James R. Petersen, Sp. Asst. Atty. Gen., Ames, and Fisher, Pickens & Barnes, Cedar Rapids, for appellee.

John D. Randall and Timothy S. White, Cedar Rapids, for appellants.


RAWLINGS, Justice.

On condemnation appeal by plaintiffs to district court, trial jury awarded damages, and defendant's motion for a new trial was sustained, conditioned on remittitur from which plaintiffs appeal. They do likewise upon denial of applications for attorney fee allowance on this and a prior trial of the same case. We reverse in part, affirm in part.

In January 1963, defendant Iowa State Highway Commission initiated condemnation proceedings to...

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