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STATE HIGHWAY COM. v. STUMBO

222 Or. 62 (1960)

352 P.2d 477

STATE HIGHWAY COMMISSION v. STUMBO ET AL

Supreme Court of Oregon.

Affirmed May 25, 1960.

Attorney(s) appearing for the Case

Robert A. Boyer, Medford, argued the cause for appellants. With him on the brief were Boyer & Holmes, Medford.

Charles Peterson, Assistant Attorney General, Salem, argued the cause for respondent. With him on the brief were Robert Y. Thornton, Attorney General of Oregon, L.I. Lindas, John C. McLean and William A. Mansfield, Assistants Attorney General, Salem.

Before McALLISTER, Chief Justice, and ROSSMAN, O'CONNELL and HOLMAN, Justices.

AFFIRMED.

ROSSMAN, J.

This is an appeal by the defendant landowners from a judgment of condemnation obtained against their property in the circuit court for Douglas County by the State Highway Commission, acting in the exercise of its powers of eminent domain. Constitution of Oregon, Art I, § 18; ORS 366.340 et seq.; ORS 374.035 et seq. Various parties and political subdivisions were joined as defendants, but all of these defaulted except numerous heirs...

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