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STATE BY AND THROUGH DEPT., ETC. v. GLENN

No. 23472; C.A. 8990.

582 P.2d 432 (1978)

35 Or.App. 413

STATE of Oregon, BY AND THROUGH Its Department of Transportation, Appellant, v. H.P. GLENN, Also Known As Heber P. Glenn, and Edythe Glenn, Husband and Wife, Respondents, The Federal Land Bank of Spokane, a Corporation, Baker Production Credit Association, a Corporation of the United States of America, Amax Exploration, Inc., a Delaware Corporation, Hoff Lumber Incorporated, an Idaho Corporation and Union County, a Political Subdivision of the State of Oregon, Defendants.

Court of Appeals of Oregon.

Decided August 1, 1978.

Attorney(s) appearing for the Case

William F. Nessly, Jr., Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the briefs were James A. Redden, Atty. Gen., and Al J. Laue, Sol. Gen., Salem.

Harold Banta, Baker, argued the cause for respondents. With him on the brief was Banta, Silven & Young, Baker.

Before SCHWAB, C.J., and THORNTON, TANZER and BUTTLER, JJ.

THORNTON, Judge.

This is an appeal by the state following a verdict and judgment for the defendants in a condemnation proceeding. In addition to awards for the value of two parcels of real property taken and for loss of crops on the property acquired, defendants also received an award of "special damages" on account of injury to defendants' livestock alleged to have occurred as a result of having to move the stock from the condemned strip to another portion of defendants...

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