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SMITH v. STATE OF CALIFORNIA

Docket No. 44761.

50 Cal.App.3d 529 (1975)

123 Cal. Rptr. 745

CORA LEE SMITH et al., Plaintiffs and Appellants, v. THE STATE OF CALIFORNIA, Defendant and Respondent.

Court of Appeals of California, Second District, Division Two.

July 28, 1975.

Attorney(s) appearing for the Case

COUNSEL

Philip F. Lanzafame, Telanoff, Bobrowsky, Wallin & Diekes and C. Edward Diekes for Plaintiffs and Appellants.

Harry S. Fenton, Joseph A. Montoya, Robert L. Meyer, Hugh R. Williams, Irwin Schulman and Robert W. Vidor for Defendant and Respondent.

OPINION

COMPTON, J.

This is an appeal from an order of dismissal following the sustaining of a demurrer without leave to amend a complaint for inverse condemnation and damages to property.

Plaintiffs allege in their complaint filed April 24, 1973, and in face of a demurrer we accept these allegations as true, that on July 21, 1966, the defendant through its highway commission...

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