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STATE v. NOBLE

No. 8884.

8 Utah 2d 405 (1959)

335 P.2d 831

STATE OF UTAH, BY AND THROUGH ITS ROAD COMMISSION, H.J. CORLEISSEN, CHAIRMAN, LAYTON MAXFIELD AND LORENZO J. BOTT, MEMBERS OF THE STATE ROAD COMMISSION, PLAINTIFF AND APPELLANT, v. BRACK HOWARD NOBLE AND ANN C. NOBLE, HIS WIFE, ELMO ENGLAND, E.J. HUBER, AND PACIFIC NATIONAL LIFE ASSURANCE COMPANY, A CORPORATION, DEFENDANTS AND RESPONDENTS.

Supreme Court of Utah.

March 2, 1959.

Attorney(s) appearing for the Case

E.R. Callister, Jr., Atty. Gen., Walter L. Budge, Deputy Atty. Gen., Wallace B. Kelly, Asst. Atty. Gen., for appellant.

Herbert B. Maw, Salt Lake City, George K. Fadel, Wendell B. Hammond, Bountiful, for respondent.

WADE, Justice.

The State brings this appeal from a judgment in a condemnation case awarding Mr. and Mrs. Noble $175,000. In a former appeal we reversed an award of $150,000 because it was not supported by substantial evidence and remanded the case for a new trial.1 For a more detailed statement of the facts and our holdings on that appeal see the former opinion.

On the retrial the jury returned a verdict for $25,000 more than the...

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