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JONES v. BURNS

No. 10086.

357 P.2d 22 (1960)

V. L. (Pat) JONES, Plaintiff and Appellant, v. Harry L. BURNS, L. V. Swanson, Otis S. Waters, S. N. Halvorson, and Roy L. Sorrels, as members of and Constituting the Montana State Highway Commission, Defendants and Respondents. Montana Power Company, a Corporation et al., Intervenors and Respondents.

Supreme Court of Montana.

November 16, 1960.

Attorney(s) appearing for the Case

Loble & Picotte and Patrick F. Hooks, Helena, for plaintiff and appellant. Patrick F. Hooks argued orally.

Forrest H. Anderson, Atty. Gen., and Paul T. Keller, Clayton R. Herron, Donald Douglas, Mark P. Sullivan, Philip Strope and David Dean, Sp. Asst. Attys. Gen., for defendants and respondents.

Weir, Gough & Booth, Helena, William H. Coldiron and Sam B. Chase, Jr., Butte, for intervenor Montana Power Co.

Murphy, Robinson & Keller, Kalispell, Coleman, Lamey & Crowley, Billings, for intervenors Pacific Power & Light and Montana-Dakota Utilities Co.

Toomey & Hughes, Helena, Akolt, Turnquist, Shepherd, Dick & Rovira, Denver, for intervenor Mt. States Tel. & Tel. Co.

Graybill, Bradford & Graybill and P.J. Gilfeather, Great Falls, for intervenors Telephone and Electric Co-ops.

HARRISON, Chief Justice.

This is an appeal from a judgment of the district court of the first judicial district, Lewis and Clark County, holding section 32-1625, R.C.M. 1947, to be constitutional in an action brought by plaintiff under the Uniform Declaratory Judgments Act against the defendants, who comprise the Montana Highway Commission, seeking a declaration of the rights of the parties particularly as to the obligation of the defendants under section 32-1625...

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