STATE v. KENEALLY

No. 10410.

384 P.2d 770 (1963)

The STATE of Montana, Acting by and through the STATE HIGHWAY COMMISSION of the State of Montana, Plaintiff and Appellant, v. Thomas F. KENEALLY, Defendant and Respondent.

Supreme Court of Montana.

August 9, 1963.


Attorney(s) appearing for the Case

Clayton Herron (argued), Helena, Daniel J. Sullivan, William E. O'Leary, Helena, for appellant.

Corette, Smith & Dean, Butte, McKeon & Brolin, Anaconda, Kendrick Smith, (argued), Butte, for respondent.


JAMES T. HARRISON, Chief Justice.

This is an appeal from a judgment entered in the district court of Deer Lodge County in a condemnation proceeding instituted by the State of Montana, the plaintiff and appellant.

The defendant operates a chain of service stations. In the Summer of 1959, he constructed a station about one-half mile east of Anaconda. This station, which turned out to be his most profitable one, was...

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