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STATE v. FRISBY

No. 38,050.

260 Minn. 70 (1961)

108 N.W. (2d) 769

STATE, BY MILES LORD, ATTORNEY GENERAL, v. LLOYD A. FRISBY AND OTHERS. PHILLIP R. LUTZI AND ANOTHER, APPELLANTS.

Supreme Court of Minnesota.

April 21, 1961.

Attorney(s) appearing for the Case

Blethen, Ogle & Gage, for appellants.

Walter F. Mondale, Attorney General, Rolf O. Slen, Deputy Attorney General, and Albert H. Newman, Special Assistant Attorney General, for respondent.

MURPHY, JUSTICE.

This is an appeal from an order of the district court denying appellants' motion for a new trial in condemnation proceedings for state highway purposes. Two issues are involved. Appellants urge (1) that the damages awarded by the jury are so inadequate as to require a new trial, and (2) that they were prejudiced by failure of the commissioners to comply with the provisions of Minn. St. 117.08 requiring separate awards for the value of the land taken...

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