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STATE v. McMINN

No. 6644.

88 Ariz. 261 (1960)

355 P.2d 900

STATE of Arizona ex rel. Robert MORRISON, Attorney General, Appellant, v. Hulen F. McMINN and Pearl Marie McMinn, his wife, Appellees.

Supreme Court of Arizona.

October 5, 1960.

Attorney(s) appearing for the Case

Robert Morrison, formerly Atty. Gen., and Charles L. Hardy, Asst. Atty. Gen., on the briefs; Wade Church, presently Atty. Gen., and Jay Dushoff, Asst. Atty. Gen., on oral argument, for appellant.

Carl Tenney, Phoenix, for appellees.

UDALL, Justice.

The plaintiff State of Arizona, hereinafter referred to as the State, brought an action in the superior court of Maricopa County to condemn for public use property owned by defendants. After full trial the jury returned a verdict granting the condemnation and fixing the price to be paid at $4,500 and judgment was entered thereon. Thereafter the trial court vacated the judgment and granted defendants' motion...

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