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WYOMING STATE HIGHWAY DEPT. v. NAPOLITANO

Nos. 4727, 4728.

578 P.2d 1342 (1978)

WYOMING STATE HIGHWAY DEPARTMENT and State Highway Commission, Appellants (Defendants below), v. Frank D. NAPOLITANO and Norma Napolitano, Appellees (Plaintiffs below). Frank D. NAPOLITANO and Norma Napolitano, Appellants (Plaintiffs below), v. WYOMING STATE HIGHWAY DEPARTMENT and State Highway Commission, Appellees (Defendants below).

Supreme Court of Wyoming.

Rehearing Denied June 20, 1978.

Attorney(s) appearing for the Case

V. Frank Mendicino, Atty. Gen., Glenn A. Williams, Senior Asst. Atty. Gen., and Daniel E. White, Asst. Atty. Gen., Cheyenne, for Wyoming State Highway Dept. and State Highway Commission.

Edward S. Halsey, Newcastle, and George A. Bangs, Rapid City, S.D., for Frank D. Napolitano and Norma Napolitano.

Before GUTHRIE, C.J., RAPER, THOMAS and ROSE, JJ., and MAHONEY, D.J.

ROSE, Justice.

Two cases are here consolidated upon appeal, one of which is taken by the Wyoming State Highway Department and State Highway Commission, defendants-appellants, from a judgment entered in Weston County District Court, Sixth Judicial District. This judgment awards plaintiffs-appellees, the Napolitanos, damages of $87,500.00 plus costs of $12.00 and sets aside a written agreement insofar as it purports to be a complete settlement for consequential damages...

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