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STATE HIGHWAY COMMISSION v. YOST FARM COMPANY

No. 10521.

384 P.2d 277 (1963)

The State of Montana, acting by and through the STATE HIGHWAY COMMISSION of the State of Montana, Plaintiff and Appellant, v. YOST FARM COMPANY, a Corporation of Billings, Montana, Defendant and Respondent.

Supreme Court of Montana.

Decided August 1, 1963.

Attorney(s) appearing for the Case

Forrest H. Anderson, Atty. Gen., Harry C. Alley (argued orally), Helena, for appellant.

Longan & Holmstrom, Jones & Olsen, Lamey, Crowley, Kilbourne, Haughey & Hanson, Franklin S. Longan and Robert W. Holmstrom (argued orally), Billings, for respondent.

CASTLES, Justice.

This is an action in eminent domain by the State against three parties owning property. Separate judgments were entered in each action, but by stipulation the actions were tried together and are being appealed together. Therefore, we shall treat the defendants as one and refer to them collectively as respondent.

The action was brought to condemn land for use in constructing a highway designated as...

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