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STATE HIGHWAY COMM'N v. McGAFFICK

No. 10467.

394 P.2d 174 (1964)

144 Mont. 76

The State of Montana, acting by and through the STATE HIGHWAY COMMISSION of the State of Montana, Plaintiff and Appellant, v. George T. and Lois J. McGAFFICK, Defendants and Respondents.

Supreme Court of Montana.

Decided July 15, 1964.

Rehearing denied August 13, 1964.

Attorney(s) appearing for the Case

Forrest H. Anderson, Attorney General, Helena, Donald McPherson, Esq., Helena, Montana, Clayton Herron (argued orally), Helena, Montana, Robert Tucker, Helena, Montana, for appellants.

Loble & Picotte, Gene A. Picotte (argued orally) Helena, Montana, John W. Bonner (argued orally), Helena, Montana, Jerome Anderson (argued orally), Billings, Montana, for respondents.

LeROY McKINNON, District Judge,

The appellant brought an action in eminent domain to take for highway purposes, a triangular tract of land, containing approximately 340.1 square feet, said tract being part of a larger tract located at the intersection of Main Street and Lyndale Avenue, in the City of Helena, Montana. The tract was owned by George T. and Lois J. McGaffick, with a mortgage to the Husky Oil Company and an option to purchase in Husky Oil Company, and...

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