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STATE HIGHWAY COMMISSION v. WALDBAUER

516 P.2d 97 (1973)

STATE of Oregon, by and through Its State HIGHWAY COMMISSION Composed of Glenn L. Jackson, Fred W. Hill and Thaddeus B. Bruno, Respondent, v. R.D. WALDBAUER and Betty I. Waldbauer, Husband and Wife, Appellants.

Court of Appeals of Oregon.

Decided November 26, 1973.

Rehearing Denied December 20, 1973.

Review Denied February 12, 1974.

Attorney(s) appearing for the Case

George H. Corey, Pendleton, argued the cause for appellants. With him on the brief were Steven H. Corey and Corey, Byler & Rew, Pendleton.

Al J. Laue, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and John W. Osburn, Sol. Gen., Salem.

Before SCHWAB, C.J., and LANGTRY and FOLEY, JJ.

SCHWAB, Chief Judge.

In this action brought by the state to acquire real property by eminent domain, the jury returned a verdict which awarded defendants less than the state's offer. The appeal arises from the denial of defendants' motion for a new trial based upon newly discovered evidence.

During trial the state relied heavily on testimony of one of its appraisers concerning a "comparable sale" of unimproved property...

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