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ROBERTSON v. STATE HIGHWAY COMMISSION

No. 11228.

420 P.2d 21 (1966)

James ROBERTSON and Betty Robertson, husband and wife, Applicants, v. The State of Montana, Acting By and through the STATE HIGHWAY COMMISSION of the State of Montana, and Alex Blewett, S.N. Halvorson, Joseph M. Nass, Arnold M. Swanson, Dallas W. Van Delinder and John D. Wheeler, as Members of the State Highway Commission, State of Montana, Respondents.

Supreme Court of Montana.

Decided October 31, 1966.

Supplemental Orders November 14, 1966.

Supplemental Orders November 15, 1966.

Attorney(s) appearing for the Case

Howard C. Burton (argued), H. William Coder, Great Falls, for applicants.

Daniel J. Sullivan (argued), Helena, for respondents.

CASTLES, Justice.

This is an original proceeding before this court in which the applicants seek to annul proceedings in eminent domain and to restore possession of properties; or, in the alternative seeking a writ of mandate compelling the Highway Commission to make payment of a sum of $28,614.79 plus accrued interest in payment of a judgment in eminent domain litigation.

Upon ex parte application, we issued...

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