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STATE HIGHWAY COMMISSION v. SCHMIDT

No. 11237.

420 P.2d 153 (1966)

The State of Montana, Acting By and through the STATE HIGHWAY COMMISSION OF the State of Montana, Relator, v. Arthur SCHMIDT and Lucille Meinecke, Respondents.

Supreme Court of Montana.

Decided November 15, 1966.

Attorney(s) appearing for the Case

Daniel Sullivan (argued), Helena, for relator.

Doepker & Hennessey, Butte, Mark J. Doepker (argued), Butte, for respondents.

DOYLE, Justice.

This is an original proceeding brought by the Highway Commission of the State of Montana seeking a writ of prohibition, supervisory control, or other appropriate writ directed to the District Court of the Second Judicial District and the judge thereof. Also included as respondents were the defendants Schmidt and Meinecke in the following situation.

The fact situation is that a trial was had during January of 1963 in Silver Bow County resulting...

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