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STATE HIGHWAY COMMISSION v. CHURCHWELL

No. 10403.

403 P.2d 751 (1965)

146 Mont. 52

The State of Montana, STATE HIGHWAY COMMISSION of the State of Montana, and Harry L, Burns, L.V. Swanson, Otis S. Waters, S.N. Halvorson, and Roy L. Sorrells, as members of and constituting the State Highway Commission of the State of Montana, Plaintiffs and Respondents, v. Bennie F. CHURCHWELL and Charlotte V. Churchwell, husband and wife, and the Empire Savings and Loan Association of Livingston, Montana, Defendants and Appellants.

Supreme Court of Montana.

Decided March 2, 1965.

On Rehearing granted July 19, 1965.

Attorney(s) appearing for the Case

Erickson & Richards, Leif Erickson (argued), Jerrold Richards, Helena (argued), for appellants.

Forrest H. Anderson, Daniel J. Sullivan, Helena (argued), Robert Tucker, Helena, for respondents.

JOHN C. HARRISON, Justice.

This is an appeal from a judgment entered in a condemnation action brought by the State Highway Commission, based upon a jury verdict for appellant in the amount of $21,304.50.

The case was tried in the district court of the sixth judicial district in and for the County of Park, the Honorable George J. Allen presiding.

The land taken is located in Park County. The East-West controlled access Interstate highway crosses the...

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