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STATE HIGHWAY COM. v. EFEM WHSE. CO.

207 Or. 237 (1956)

295 P.2d 1101

STATE HIGHWAY COMMISSION v. EFEM WAREHOUSE CO.

Supreme Court of Oregon.

Reversed April 11, 1956.

Attorney(s) appearing for the Case

John C. McLean, Salem, argued the cause for appellant. On the briefs were Robert Y. Thornton, Attorney General; C.W. Enfield, Leonard I. Lindas, Charles Peterson, and Ralph Wyckoff, Assistant Attorneys General, all of Salem.

Carmie R. Dafoe, Jr., Portland, argued the cause for respondent. With him on the brief were Sabin and Malarkey, Portland.

Before WARNER, Chief Justice, and TOOZE, LUSK and BRAND, Justices.

REVERSED.

TOOZE, J.

This is an appeal by the plaintiff, State Highway Commission of the state of Oregon, from that portion of a final judgment in a condemnation proceeding which awarded to defendant, Efem Warehouse Co., an Oregon corporation, costs and disbursements and an attorney's fee.

Efem Warehouse Co. was the owner of a tract of land in the city of Portland, which was needed for right of way purposes in the construction of the T.H. Banfield Expressway...

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