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SCHNIER v. IVES

162 Conn. 171 (1972)

CHARLES SCHNIER v. HOWARD S. IVES, HIGHWAY COMMISSIONER

Supreme Court of Connecticut.

Decided January 19, 1972.

Attorney(s) appearing for the Case

Clement J. Kichuk, assistant attorney general, with whom, on the brief, were Robert K. Killian, attorney general, and Jack Rubin, assistant attorney general, for the appellant (defendant).

Robert L. Trowbridge, with whom, on the brief, was Alfred F. Wechsler, for the appellee (plaintiff).

HOUSE, C. J., THIM, SHAPIRO, LOISELLE and RUBINOW, JS.

SHAPIRO, J.

The defendant has appealed from a judgment, rendered by a referee exercising the powers of a judge of the Superior Court, reassessing the damages sustained by the plaintiff in the taking by the defendant of the plaintiff's property for highway purposes.

The finding, which is not subject to correction in any material respect, discloses the following facts: On December 17, 1968, the plaintiff became the

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