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WILSON v. STATE HIGHWAY COMMISSION

No. 10245.

370 P.2d 486 (1962)

George W. WILSON, Ted Knigge and Joe Hawkins, Plaintiffs and Appellants, v. STATE HIGHWAY COMMISSION of the State of Montana, and Ted James, L.V. Swanson, Otis S. Waters, S.N. Halvorson, and Roy L. Sorrels, as Members of and Constituting the State Highway Commission of the State of Montana, Defendants and Respondents, Farmers Union Grain Terminal Association, a Corporation, Intervenor.

Supreme Court of Montana.

April 13, 1962.

Attorney(s) appearing for the Case

Cedor B. Aronow (argued orally), David O. DeGrandpre (argued orally), Shelby, for appellants.

Daniel J. Sullivan (argued orally), Helena, and Leo C. Graybill, (argued orally), Great Falls, for respondents.

CASTLES, Justice.

The Farmers Union Grain Terminal Association, hereinafter referred to as the G.T.A., made application to the Montana State Highway Commission, hereinafter referred to as the commission, for an encroachment permit on a portion of unused highway right of way.

The permit was requested for the purpose of allowing the G.T.A. to construct a spur track to be used in connection with its grain storage business...

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