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STATE EX REL. DEPARTMENT OF HIGHWAYS v. MARSHALL

No. 46570.

530 P.2d 1023 (1974)

STATE of Oklahoma ex rel. DEPARTMENT OF HIGHWAYS of the State of Oklahoma, Appellant, v. Tom MARSHALL and Thada Marshall, husband and wife, et. al., Appellees.

Supreme Court of Oklahoma.

As amended January 27, 1975.

Rehearing Denied January 28, 1975.

Attorney(s) appearing for the Case

Floyd W. Taylor, Gen. Counsel, James D. Payne, Oklahoma City, Asst. Chief, Legal Div. and James E. Walker, Legal Intern, Oklahoma Dept. of Highways, for appellant.

E.C. Nelson, Muskogee, for appellees.

WILLIAMS, Vice Chief Justice.

This is an appeal by the State of Oklahoma, ex rel. Department of Highways, from an order and judgment of the District Court of Muskogee County, Oklahoma, requiring the Department to pay the "poundage fee" provided for in 28 O.S. 1971, § 31 (1% with a $200 limit) and court costs after eminent domain proceedings in that court in which the Department condemned certain lands for use as a highway...

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