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

Ella T. LAUGHLIN (a Widow), Plaintiff and Respondent, v. STATE of California, Defendant and Appellant.

Civ. 10830.

Decided: October 13, 1939

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

Appeal by defendant from a judgment of the superior court of Alameda county in favor of plaintiff awarding damages alleged to have been sustained by plaintiff as the result of the construction of a subway fronting plaintiff's property.   All material questions here presented are disposed of in a decision that day filed in the case of Rose et al. v. State of California et al., Cal.App., 94 P.2d 1058.   Upon the authorities there cited and for the reasons there given, the judgment herein is reversed.

GEARY, Justice pro tem.

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

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