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MADISON COUNTY v. MAILEY

No. 10428

385 P.2d 74 (1963)

MADISON COUNTY, a Body Polltlc, Plaintiff and Appellant, Fred S. MAILEY, August Mailey, Individually and as Co-Partners Under the Name and Style Mailey Brothers and Edna P. Mailey, Wife of Fred S. Mailey, and William Mailey and Mrs. William Mailey, Defendants and Respondents. August MAILEY, William Mailey and Fred S. Mailey d/b/a Ranchers and Stockmen Under the Name and Style of Mailey Brothers, Plaintiffs and Respondents, v. The BOARD OF COUNTY COMMISSIONERS OF MADISON COUNTY, Montana, John E. Krauss, T.E. Nicholls, Ras Hansen, as Members thereof, and Paul W. Westbrook, former Member of the Board of County Commissioners, Defendants and Appellants.

Supreme Court of Montana.

Decided July 23, 1963.

Rehearing denied September 20, 1963.

Attorney(s) appearing for the Case

Chester L. Jones (argued orally), County Attorney, Frank E. Blair (argued orally), Virginia City, for appellant.

Mark J. Doepker (argued orally), Butte, for respondents.

JOHN C. HARRISON, Justice.

This is an appeal from the district court of the fifth judicial district of the State of Montana and the County of Madison involving two cases combined for a hearing at the time of trial. One case No. 5400.1, is an action in condemnation to condemn certain land belonging to respondents, said land comprising 1.77 acres being a right-of-way 60 feet in width connecting up the private Garden Creek road...

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