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STATE HIGHWAY COMMISSION v. MOTT

No. 10472.

384 P.2d 922 (1963)

The State of Montana, acting by and through the STATE HIGHWAY COMMISSION of the State of Montana, Plaintiff and Respondent, v. Bruce T. MOTT and Lucille Mott, Husband and Wife, Harvey Massey and Polly Massey, Husband and Wife, and J. Harvey Carter, all of Miles City, Montana, Defendants and Appellants.

Supreme Court of Montana.

Decided September 6, 1963.

Attorney(s) appearing for the Case

Colgrove & Brown, Bruce M. Brown (argued), Miles City, for appellants.

William E. O'Leary (argued) Helena, for respondent.

DOYLE, Justice.

This is an appeal from a judgment entered on a verdict obtained in the sixteenth judicial district on a condemnation action.

Plaintiff Highway Commission, respondent here, as stated in their complaint sought to "take and condemn private property [owned by Defendants Bruce T. Mott and Lucille Mott, Husband and Wife, Harold Massey and Polly Massey, Husband and Wife, and J. Harvey Carter] * * * to use, have and hold a perpetual easement and right...

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