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STATE, ETC. v. MERCURY DEVELOPMENT, INC.

No. 54639.

645 P.2d 505 (1982)

STATE of Oklahoma, ex rel. DEPARTMENT OF TRANSPORTATION, Appellant, v. MERCURY DEVELOPMENT, INC.; Izetta Self; and County Treasurer of Rogers County, Oklahoma, Appellees.

Supreme Court of Oklahoma.

April 13, 1982.

Attorney(s) appearing for the Case

James D. Payne, Dept. of Transp., Oklahoma City, for appellant.

Bill R. Scarth, Claremore, for appellees.

IRWIN, Chief Justice:

The appellant, The Department of Transportation (State), filed two (2) separate condemnation proceedings against appellees involving two (2) contiguous tracts of land.

Commissioners were appointed and they filed their separate reports for each tract. Both State and appellees filed demands for trial by jury.

Thereafter, State filed an amended petition in one of the cases and added additional land. The trial court vacated the Report...

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