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STATE v. BIRCHER

No. 1-582A116.

446 N.E.2d 607 (1983)

STATE of Indiana, Plaintiff-Appellant, v. Gerard A. BIRCHER, et al., Defendants-Appellees.

Court of Appeals of Indiana, First District.

Rehearing Denied April 11, 1983.

Attorney(s) appearing for the Case

Linley E. Pearson, Atty. Gen., Jeffrey G. Fihn, Deputy Atty. Gen., Indianapolis, for plaintiff-appellant.

Gary K. Kemper, Jenner & Kemper, Madison, for defendants-appellees.

RATLIFF, Judge.

STATEMENT OF THE CASE

Appellant State of Indiana appeals from an award of the Jefferson Circuit Court granting appellees additur and litigation expenses in an action for appropriation of real estate. We reverse.

FACTS

On September 27, 1974, the state filed a complaint seeking to appropriate 14.261 acres of real property in Jefferson County. The state condemned the property in order to acquire land for the improvement of...

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