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CITY OF HARLEM v. STATE HIGHWAY COMMISSION

No. 11162.

425 P.2d 718 (1967)

The CITY OF HARLEM, a municipal Corporation, and Clarence Olson, Plaintiff and Appellant, v. STATE HIGHWAY COMMISSION of the State of Montana, and the State of Montana, Acting By and Through the State Highway Commission of the State of Montana, Defendant and Respondent.

Supreme Court of Montana.

Decided March 22, 1967.

Attorney(s) appearing for the Case

Harry L. Burns (argued), Chinook, for appellant.

Harry C. Alley (argued), Helena, for respondent.

DOYLE, Justice.

This is an appeal from an order dismissing and dissolving an injunction prohibiting the State Highway Commission from proceeding with construction of a primary highway project by-passing the City of Harlem, Montana.

For many years Highway No. 2, a primary highway, has been located adjacent to the business district of Harlem, Montana. On June 26, 1957, an agreement was executed between the State Highway Commission and the United States Bureau...

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