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STATE v. CITY SERVICE COMPANY

No. 10388

385 P.2d 604 (1963)

The STATE of Montana, acting by and through the STATE HIGHWAY COMMISSION of the State of Montana, Plaintiff and Appellant, v. CITY SERVICE COMPANY, Conrad National Bank and Jack F. Barrett, of Kalispell, Montana, Defendants and Respondents.

Supreme Court of Montana.

Decided September 6, 1963.

Rehearing denied October 10, 1963.

Attorney(s) appearing for the Case

Daniel J. Sullivan (argued), Robert Arthur Tucker (argued), Helena, for apellant.

Murphy, Robinson & Keller, Kalispell, Robert S. Keller (argued), Kalispell, for respondents.

DOYLE, Justice.

This is an appeal from a jury award for the defendants in a condemnation action brought by the State, the plaintiff and appellant here.

Defendant City Service Company owned a tract of land abutting the intersection of U.S. Highway No. 2 and Evergreen Road, north of Kalispell. This property, containing a service station, was acquired by the company in 1951, leased to defendant Barrett in 1954 and remodeled...

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