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BOORAS v. IOWA STATE HIGHWAY COMMISSION

No. 55458.

207 N.W.2d 566 (1973)

Peter P. BOORAS and Angeline P. Booras, Appellants, v. IOWA STATE HIGHWAY COMMISSION For the Use and Benefit of the STATE of Iowa, and William A. Strout, Sheriff of Scott County, Iowa, Appellees.

Supreme Court of Iowa.

May 23, 1973.

Attorney(s) appearing for the Case

Harold C. Lounsberry, Davenport, for appellants.

Richard C. Turner, Atty. Gen., Asher E. Schroeder, Sp. Asst. Atty. Gen., and Elliott R. McDonald, Jr., Davenport, for appellees.

Considered en banc.

HARRIS, Justice.

The Iowa State Highway Commission (the commission) condemned land owned by Peter P. and Angeline P. Booras (plaintiffs) in connection with a highway project in Battendorf, Iowa. On appeal to district court from the award of the condemnation commission the jury fixed plaintiffs' damages at $23,500. The trial court thereafter sustained the commission's motion for a new trial or remittitur, granting a new trial unless plaintiff agreed to remit the amount...

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