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STATE HIGHWAY COMMISSION v. KINMAN

No. 11287.

430 P.2d 110 (1967)

State of Montana, acting by and through the STATE HIGHWAY COMMISSION of the State of Montana, Plaintiff and Appellant, v. B.C. KINMAN and Mary Ann Kinman, husband and wife, Defendants and Respondents.

Supreme Court of Montana.

July 5, 1967.

Attorney(s) appearing for the Case

Daniel J. Sullivan (argued), Helena, for appellant.

Joseph P. Monaghan (argued), Butte, John W. Bonner (argued), Helena, for respondents.

JOHN C. HARRISON delivered the Opinion of the Court.

This proceeding involves a condemnation action involving property located high above Butte, Montana, astride the Continental Divide. The Divide serves as a natural boundary between Silver Bow County on the west and Jefferson County to the east. The taking involved some 4.3 acres of the Nellie Kinman Quartz Lode Mining claim upon which the respondents now reside, such property being located partly in both counties...

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