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STATE HIGHWAY COM. v. PARKER

225 Or. 324 (1960)

358 P.2d 274

STATE HIGHWAY COMMISSION v. PARKER ET UX

Supreme Court of Oregon.

Reversed and remanded December 29, 1960.

Attorney(s) appearing for the Case

Robert Y. Thornton, Attorney General of Oregon, Salem, L.I. Lindas, Charles Peterson and Richard C. Bemis, Assistant Attorneys General, Salem, filed a brief for appellant.

Mark V. Weatherford and Harrison M. Weatherford, Albany, filed a brief for respondents.

Before McALLISTER, Chief Justice, ROSSMAN, WARNER, PERRY, SLOAN, O'CONNELL and GOODWIN, Justices.

REVERSED AND REMANDED.

ROSSMAN, J.

This is an appeal by the State of Oregon through its Highway Commission from a judgment of the circuit court which condemned and appropriated to the state a tract of real property, described in the complaint and owned by the defendants, upon the payment by the state to the defendants of the sum of $1000. The state, as plaintiff-appellant, deems the sum excessive.

In appealing the state submits four assignments of...

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