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STANISICH v. STATE HIGHWAY COMMISSION

Nos. 10376, 10377.

375 P.2d 1019 (1962)

George STANISICH and Harry Faroni, Plaintiffs and Appellants, v. STATE HIGHWAY COMMISSION, Harry L. Burns, Chairman, L.V. Swanson, S.N. Halvorson, Roy L. Sorrells, and Otis S. Waters, Commissioners, Defendants and Respondents. The STATE of Montana, Acting by and through the STATE HIGHWAY COMMISSION of the State of Montana, Plaintiff and Respondent, v. George STANISICH and Harry Faroni, Defendants and Appellants.

Supreme Court of Montana.

Decided October 11, 1962.

Rehearing denied November 27, 1962.

Attorney(s) appearing for the Case

R. Lewis Brown, Butte, for appellants.

Daniel J. Sullivan, Helena, for respondents.

W.W. LESSLEY, District Judge.

Cause No. 10376 and Cause No. 10377 are companion cases. They were consolidated for purposes of argument on request of counsel and will remain so consolidated for purposes of this Opinion.

In Cause 10376, appellants appeal from a judgment entered after an order of the lower court sustained respondents' demurrer, without leave to amend.

In Cause 10377, the basis for appeal was...

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