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UTAH DEPT. OF TRANSP. v. RAYCO CORP.

No. 15265.

599 P.2d 481 (1979)

UTAH DEPARTMENT OF TRANSPORTATION, Plaintiff and Respondent, v. RAYCO CORPORATION, Fashion Fabrics of Utah Incorporated, Baskin-Robbins 31 Flavors Stores Realty Incorporated, Johney Katich and Inza Katich, Jerald V. Priest, Fred M. Stettler, and Commercial Security Bank, Defendants and Appellants.

Supreme Court of Utah.

July 26, 1979.

Attorney(s) appearing for the Case

Robert S. Campbell, Jr. and Duane R. Smith, of Watkiss & Campbell, Salt Lake City, for defendants and appellants.

Robert B. Hansen, Atty. Gen., Stephen C. Ward, Asst. Atty. Gen., Salt Lake City, for plaintiff and respondent.

MAUGHAN, Justice:

Defendant Rayco, the owner of a shopping center and supermarket situated thereon, appeals from a judgment rendered in an eminent domain proceeding. Defendant seeks a new trial.

We reverse and remand for a new trial, in accordance with this opinion. Costs to Rayco. All statutory references are to U.C.A. 1953.

The matter was tried before a jury, which returned a verdict of $99,963.65 for damages...

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