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HEATH v. COMMISSIONER OF TRANSPORTATION

175 Conn. 384 (1978)

AURELIUS HEATH v. COMMISSIONER OF TRANSPORTATION OF THE STATE OF CONNECTICUT

Supreme Court of Connecticut.

Decision released July 11, 1978.

Attorney(s) appearing for the Case

Angelo J. Smeraldi, assistant attorney general, with whom, on the brief, was Carl R. Ajello, attorney general, for the appellant (defendant).

Frank W. Murphy, with whom, on the brief, was Abraham D. Slavitt, for the appellee (plaintiff).

COTTER, C. J., LOISELLE, BOGDANSKI, LONGO and HEALEY, JS.

LOISELLE, J.

The plaintiff filed a statutory appeal from an assessment of damages on a parcel of land in Norwalk taken by the defendant for highway purposes. The referee, acting as a court, reassessed the damages and from that judgment the defendant has appealed.

The defendant claims that the court erred in refusing to find material facts which were admitted or undisputed. "To secure an addition on this ground, it is necessary for an appellant to point

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