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ALEXANDER v. STATE

No. 10491.

381 P.2d 780 (1963)

Dee W. ALEXANDER, Plaintiff and Respondent, v. The STATE of Montana, State Highway Commission of the State of Montana, et al., Defendants and Appellants.

Supreme Court of Montana.

May 16, 1963.

Attorney(s) appearing for the Case

Robert A. Tucker, Daniel J. Sullivan, Helena (argued orally), for appellants.

Robert R. Skelton (argued orally), Thomas P. Hendricks (argued orally), Missoula, for respondent.

JAMES T. HARRISON, Chief Justice.

This is an appeal from a judgment entered upon a jury verdict in the district court of Mineral County.

It appears that in January of 1959 the State of Montana purchased certain real property in Mineral County from the owners. Upon the tract of land purchased there was a cement batching plant owned by the plaintiff. Following purchase of the land a dispute arose between plaintiff and the State Highway Commission as to whether...

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