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STATE HIGHWAY COMMISSION v. WHEELER

No. 11084.

419 P.2d 492 (1966)

The State of Montana, Acting By and Through the STATE HIGHWAY COMMISSION of the State of Montana, Plaintiff and Appellant, v. William J. WHEELER and Blanche v. Wheeler, Husband and Wife and as joint tenants, Farmer's Home Administration, Western Montana Production Credit Association et al., Defendants and Respondents.

Supreme Court of Montana.

Rehearing Denied November 14, 1966.

Attorney(s) appearing for the Case

K.M. Bridenstine (argued), Helena, for appellant.

J.C. Garlington (argued), Missoula, for respondents.

JOHN C. HARRISON, Justice.

This is an appeal by plaintiff from a verdict and judgment awarding the sum of $118,860 to the defendants for the taking and appropriation of 40.89 acres of land in a strip from east to west across the lands owned by defendants and situated in Missoula County. Instruction No. 14 specified that the jury could award defendants as high as $295,839.30, and no less than $27,922.00. The defendants own 867 acres of grazing and cultivated lands...

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