STATE EX REL., ETC. v. DISTRICT COURT, ETC.

No. 5422.

626 P.2d 78 (1981)

STATE of Wyoming ex rel. CITIES SERVICE GAS COMPANY, a corporation, Petitioner, v. The DISTRICT COURT OF the SECOND JUDICIAL DISTRICT in and for the County of Carbon, State of Wyoming, and the Honorable Robert A. Hill, Judge thereof, Respondents.

Supreme Court of Wyoming.

Rehearing Denied April 29, 1981.


Attorney(s) appearing for the Case

Richard H. Ruth, Oklahoma City, Okl., and Steve D. Noecker, Johnson, Noecker & Noecker, Rawlins, for petitioner.

Thomas D. Nicholas and Harold Frederick Buck, Hirst & Applegate, Cheyenne, for respondents.

Before ROSE, C.J., RAPER, THOMAS and ROONEY, JJ., and JOHNSON, District Judge.


ROONEY, Justice.

Relator petitions for a writ prohibiting respondents from further proceedings in an eminent domain action in which respondents authorized a jury determination of the award as demanded by condemnee Palm Livestock Company (hereinafter referred to as Palm). Palm's jury demand was filed thirty-one days after the court-appointed appraisers had filed their certificate of award. Such demand was served and mailed to the clerk of court within thirty days after...

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