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IN RE STATE HIGHWAY COMMISSIONER

Docket No. 9, Calendar No. 44,292.

326 Mich. 183 (1949)

40 N.W.2d 111

In re PETITION OF STATE HIGHWAY COMMISSIONER. STATE HIGHWAY COMMISSIONER v. BUSCH.

Supreme Court of Michigan.

Decided December 7, 1949.

Attorney(s) appearing for the Case

Stephen J. Roth, Attorney General, Edmund E. Shepherd, Solicitor General, and Eugene F. Townsend, Assistant Attorney General, for petitioner.

Jones & Theiss, for defendants Busch.

BUTZEL, J.

The State highway commissioner has appealed from the confirmation by the probate court for the county of Cass of a condemnation award vendered by 3 commissioners appointed by that court. The State highway department undertook a project to improve a 5-mile span of State trunkline M-119 south of the village of Marcellus in Cass county and brought appropriate condemnation proceedings for that purpose. A portion of...

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