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STATE v. VOYICH

No. 10415.

384 P.2d 765 (1963)

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. Julia VOYICH, a widow, of Livingston, Montana, Mildred Voyich, of Livingston, Montana, Dolly Voyich, of Livingston, Montana, and Daniel Voyich and Jane Doe Voyich, his wife, if any, of Livingston, Montana, Defendants and Respondents.

Supreme Court of Montana.

Decided August 1, 1963.

Rehearing denied September 9, 1963.

Attorney(s) appearing for the Case

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

Landoe & Gary, Bozeman, Eugene I. Brown, Bozeman (argued orally), Arnold Huppert, Jr., Livingston, Hjalmer B. Landoe, Bozeman, (argued orally), for respondents.

CASTLES, Justice.

This is an appeal by the State from a judgment of the District Court of the Sixth Judicial District, Park County. The judgment was entered on a jury verdict in a condemnation action for interstate right of way. The taking of defendants' lands amounts to 17.64 acres. The judgment was in the amount of $32,275, the verdict having established the sum of $26,450 for the land taken, and $5,825 damages to the remainder.

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