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STATE HIGHWAY COMMISSION v. DISTRICT COURT

No. 11079.

412 P.2d 832 (1966)

The State of Montana on the relation of the STATE HIGHWAY COMMISSION of the State of Montana, Relators, v. The DISTRICT COURT OF the FIRST JUDICIAL DISTRICT of the State of Montana, IN AND FOR the COUNTY OF LEWIS AND CLARK, and the Honorable James D. Freebourn, District Judge, Respondents.

Supreme Court of Montana.

Decided March 23, 1966.

Attorney(s) appearing for the Case

Robert A. Tucker (argued), Helena, for relators.

John W. Bonner (argued), Arthur Acher (argued), Wellington D. Rankin (argued), Helena, for respondents.

CASTLES, Justice.

This is an original proceeding arising in an application for a Writ of Supervisory Control under circumstances following. We issued an Order to Show Cause. Return was made, combined with a Motion to Quash. The matter was briefed and argued by counsel.

The circumstances giving rise to the application were that there is pending an action in eminent domain by the State of Montana, acting through its State Highway Commission against John B. and...

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