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PREVO v. STATE

No. 2 CA-CIV 111.

2 Ariz. App. 36 (1965)

406 P.2d 238

Harry M. PREVO and Phebe M. Prevo his wife, Appellants, v. STATE of Arizona ex rel. Justin HERMAN, Director Arizona Highway Department, Appellee.

Court of Appeals of Arizona.

Rehearing Denied November 3, 1965.

Attorney(s) appearing for the Case

Dunseath, Stubbs & Burch, by Robert C. Stubbs, Tucson, for appellants.

Darrell F. Smith, Atty. Gen., Phoenix, by Lawrence Howard, Special Asst. Atty. Gen., Tucson, for appellee.

MOLLOY, Judge.

This is an appeal from a judgment rendered in a condemnation action in favor of the property owners in the sum of $50,000.00. The property owners ask for a new trial because of alleged errors committed by the trial court.

It is a case of partial-taking, the total property involved for the "taking" being a strip of land fronting on the Tucson-Casa Grande Highway for a distance of approximately eight-tenths of a mile from which the State condemned...

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