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STATE v. MILANOVICH

No. 10538.

384 P.2d 752 (1963)

The STATE of Montana, Acting by and through the STATE HIGHWAY COMMISSION of the State of Montana, Plaintiff and Appellant, v. John K. MILANOVICH and Zorka J. MILANOVICH, Husband and Wife, Defendants and Respondents.

Supreme Court of Montana.

Decided August 6, 1963.

Rehearing denied September 11, 1963.

Attorney(s) appearing for the Case

Daniel J. Sullivan (argued orally), Harry C. Alley, Helena, for appellant.

Kendrick Smith (argued orally), J.E. Corette, III, Butte, for respondents.

DOYLE, Justice.

This is an appeal from a judgment entered in the district court of the second judicial district on a condemnation action. Commissioners initially awarded defendants, John K. and Zorka J. Milanovich, husband and wife, respondents here, $240 as the value of their property to be condemned and taken and $5,760 for value of damages their remaining property incurred because of the condemnation and subsequent taking. Plaintiff, appellant here, sought a jury...

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