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STATE HIGHWAY COMM'N v. SMITH & JESSON

No. 10378.

377 P.2d 352 (1962)

The STATE of Montana, State Highway Commission of the State of Montana, and Harry L. Burns, L.V. Swanson, Otis S. Waters, S. N. Halvorson, and Roy L. Sorrells, as Members of and Constituting the State Highway Commission of the State of Montana, Plaintiffs and Appellants, v. Alma E. SMITH, Mary P. Jesson, John M. Jesson, Kansas City Life Insurance Company, a Missouri Corporation, and Wilbur E. Smith, Defendants and Respondents.

Supreme Court of Montana.

Decided December 28, 1962.

Attorney(s) appearing for the Case

Forrest H. Anderson, Atty. Gen., Daniel J. Sullivan (argued orally), Helena, for appellants.

Earl C. Ammerman, Fitzgerald & Shanstrom, David B. Fitzgerald (argued orally), Jack D. Shanstrom (argued orally), Livingston, for respondents.

CASTLEES, Justice.

This is an appeal from a judgment for defendants rendered pursuant to a verdict in the district court of Park County. The action is in eminent domain. It was tried in district court after an appeal pursuant to statute by the defendants from an award of commissioners appointed to assess damages to be paid the defendant as compensation for their property appropriated for the construction of a controlled access Interstate Highway.

The property...

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