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SIMON v. STATE

No. S-8801.

996 P.2d 1211 (2000)

Herbert and Jacqueline SIMON, husband and wife, d/b/a Little Nelchina Farms, Appellants, v. STATE of Alaska and Quality Asphalt Paving, Inc., Appellees.

Supreme Court of Alaska.

March 3, 2000.

Attorney(s) appearing for the Case

Hal P. Gazaway, Hal P. Gazaway, P.C., Anchorage, for Appellants.

Ross A. Kopperud, Thomas M. Dillon, Assistant Attorneys General, Anchorage, and Bruce M. Botelho, Attorney General, Juneau, for Appellees.

Before MATTHEWS, Chief Justice, EASTAUGH, FABE, BRYNER, and CARPENETI, Justices.

OPINION

PER CURIAM.

I. INTRODUCTION

Herbert and Jacqueline Simon, d/b/a Little Nelchina Farms, sued the State of Alaska, Department of Transportation and Public Facilities and its contractor, Quality Asphalt Paving, Inc., for damages that the defendants allegedly caused while rebuilding a strip of the Glenn Highway that crosses the Simons' property on an easement reserved for highway purposes. The superior court granted partial summary...

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