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STATE HIGHWAY COMMISSION v. ANTONIOLI

No. 10730.

401 P.2d 563 (1965)

The State of Montana, acting by and through the STATE HIGHWAY COMMISSION of the State of Montana, Plaintiff and Appellant, v. Frank ANTONIOLI et ux., and Peter Antonioli, et ux., Defendants and Respondents.

Supreme Court of Montana.

Decided May 4, 1965.

Attorney(s) appearing for the Case

Daniel J. Sullivan (argued), Forrest H. Anderson, Atty. Gen., Helena, for appellant.

F.P. Kelly (argued), Butte, for respondents.

JAMES T. HARRISON Chief Justice.

This is an appeal by the State Highway Commission from a judgment rendered pursuant to a jury verdict in an action in eminent domain brought in the district court of Silver Bow County. The State instituted the action to condemn the defendants', Frank and Peter Antonioli's, five-sixth interest in part of a patented mining claim lying on the western outskirts of Butte, Montana. The other one-sixth interest had previously been acquired...

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