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BABINEC v. STATE

Nos. 3108 and 3109.

586 P.2d 966 (1978)

Edward M. BABINEC and Martha Babinec, Appellants, v. STATE of Alaska, Appellee. STATE of Alaska, Cross-Appellant, v. Edward M. BABINEC and Martha Babinec, Cross-Appellees.

Supreme Court of Alaska.

November 24, 1978.

Attorney(s) appearing for the Case

Timothy M. Lynch, Abbott, Lynch, Farney & Rodey, Anchorage, for appellants.

Gary W. Vancil, Asst. Atty. Gen., Fairbanks, Avrum M. Gross, Atty. Gen., Juneau, Richard Richards, Richards, Watson, Dreyfuss & Gershon, Los Angeles, Cal., Special Counsel for the State of Alaska, for appellee.

Before BOOCHEVER, Chief Justice, RABINOWITZ, CONNOR, BURKE and MATTHEWS, Justices.

OPINION

MATTHEWS, Justice.

This condemnation case is before us for the second time. The facts are stated in our first opinion, Babinec v. State, 512 P.2d 563 (Alaska 1973), and will not be repeated here. We held there that the trial court had erred in instructing the jury that for evaluation purposes only one parcel of land was involved, rather than two as the property owners' experts had contended, and reversed for...

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