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STATE v. DISTRICT COURT OF SIXTH JUDICIAL DISTRICT

No. 10597.

384 P.2d 501 (1963)

STATE ex rel. Warren A. DePUY and Eva S. DePuy, Relators and Plaintiffs, v. The DISTRICT COURT OF THE SIXTH JUDICIAL DISTRICT of the State of Montana, IN AND FOR the COUNTY OF PARK, and Hon. W. W. Lessley, District Judge Presiding, Respondents and Defendants.

Supreme Court of Montana.

Decided August 8, 1963.

Rehearing denied September 5, 1963.

Attorney(s) appearing for the Case

Lyman H. Bennett, Bozeman, Acher & Rankin, Arthur P. Acher (argued orally), Helena, for appellant.

K.M. Bridenstine (argued orally), Helena, for respondent.

CASTLES, Justice.

This is an original proceeding. Relators petitioned this court for a writ of prohibition to prohibit the district court of the sixth judicial district from proceeding further in a condemnation action. The relators were the owners of land sought to be condemned by the State Highway Commission, hereinafter referred to as the Commission. We issued an alternative writ, return was made, and argument had.

An order of preliminary condemnation was...

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