REVERSED AND REMANDED.
ROSSMAN, J.
This is an appeal by the plaintiff, State of Oregon, through its Highway Commission, from a judgment of the circuit court which decreed that upon the payment by the state to the defendant of $25,100 together with interest, costs and attorney fees the real property which is the subject matter of this proceeding would be appropriated to the state. The latter sought the property for the improvement of a highway in Portland....
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