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District Court of Appeal, First District, Division 1, California.

Joseph F. BRANDON, also known as Joe Brandon, Plaintiff and Respondent, v. STATE of California, Defendant and Appellant.

Civ. 10827

Decided: October 13, 1939

C.C. Carleton, Frank B. Durkee, C.R. Montgomery, and Robert E. Reed, all of Sacramento, for the State. E.H. Christian and Eugene K. Sturgis, both of Oakland, for respondent.

The appeal herein is one of a group of five taken by the defendant from a judgment awarding damages on account of the construction of a subway on the highway in the town of Hayward. All questions presented by the present appeal have been fully considered and determined in the decision this day filed in Rose et al. v. State of California et al., Cal.App., 94 P.2d 1058, wherein the judgment was reversed. Accordingly the judgment herein must be reversed, and it is so ordered.

GEARY, Justice pro tem.

We concur: KNIGHT, Acting P.J.; WARD, J.

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