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STATE, DEPT. OF HIGHWAYS v. SALZWEDEL

No. 3976.

596 P.2d 17 (1979)

STATE of Alaska, DEPARTMENT OF HIGHWAYS, Appellant, v. Benjamin T. SALZWEDEL and Dorothy E. Salzwedel, Appellee.

Supreme Court of Alaska.

June 15, 1979.

Attorney(s) appearing for the Case

Abigail G. Dodge, Michael Sewright, Asst. Attys. Gen., Anchorage, Avrum M. Gross, Atty. Gen., Juneau, for appellant.

Leroy J. Barker, L.G. Berry, of Robertson, Monagle, Eastaugh & Bradley, Anchorage, for appellee.

Before RABINOWITZ, C.J., CONNOR, BOOCHEVER and MATTHEWS, JJ., and DIMOND, Senior Justice.

OPINION

BOOCHEVER, Justice.

The superior court awarded Benjamin and Dorothy Salzwedel $16,733.76 in costs and attorney's fees1 assessed against the State of Alaska in a condemnation proceeding. The state appeals certain aspects of that award. We find that the award improperly included two kinds of expenses: first, the Salzwedels' attorney's fees and costs resulting from proceedings before...

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