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STATE v. WHITMAN

No. 7152.

91 Ariz. 120 (1962)

370 P.2d 273

STATE of Arizona ex rel. William E. WILLEY, State Highway Engineer, Appellant, v. Emma B. WHITMAN, widow of Le Roy Whitman, deceased; the known and unknown heirs of Le Roy Whitman, deceased, Appellees.

Supreme Court of Arizona, In Division.

March 28, 1962.

Attorney(s) appearing for the Case

Robert W. Pickrell, Atty. Gen., John T. Amey, Asst. Atty. Gen., Wade Church, former Atty. Gen., Lawrence P. D'Antonio, Sp. Asst. Atty. Gen., Jay Dushoff, Asst. Atty. Gen., Phoenix, for appellant.

Dunseath, Stubbs, Morse & Burch, Tucson, for appellees.

PORTER MURRY, Judge.

The State of Arizona on November 4, 1959, commenced an action in the Superior Court of Pima County against Emma B. Whitman, widow of Le Roy Whitman, and the known and unknown heirs of deceased. The action was brought to condemn for highway purposes a portion of a tract of land owned by defendants. On April 7, 1960, the State submitted a set of twelve interrogatories under Rule 33 of the Arizona Rules...

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