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STATE v. BURTON

79-948.

403 So.2d 912 (1981)

STATE of Alabama v. Idelle BURTON.

Supreme Court of Alabama.

August 28, 1981.

Attorney(s) appearing for the Case

Thomas Coleman, Birmingham, and J. Brent Thornley of Maddox, MacLaurin, Nicholson & Thornley, Jasper, for appellant.

Morris W. Savage and Charles R. Stephens of Bankhead, Savage & Stephens, Jasper, for appellee.

EMBRY, Justice.

This appeal by the State of Alabama is from a judgment entered upon a jury verdict awarding damages in the amount of $95,200 to Idelle Burton, a portion of whose property was condemned for a right-of-way to be used in the reconstruction of a public highway. We reverse.

The State presents as its version of the issues for review the following:

I

Did the trial court err in overruling appellant's motion for new trial where the...

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