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MONTANA STATE HIGHWAY COMMISSION v. JACOBS

No. 11286.

435 P.2d 274 (1967)

MONTANA STATE HIGHWAY COMMISSION, Plaintiff and Appellant, v. Mabel JACOBS, Marjorue J. Noel, Randolph Jacobs and Theodore Jacobs, Defendants and Respondents.

Supreme Court of Montana.

Decided December 14, 1967.

Attorney(s) appearing for the Case

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

Boone & Karlberg, Dalton T. Pierson, William T. Boone (argued), Missoula, for respondents.

JOHN C. HARRISON, Justice.

This is an appeal by the State from a judgment entered in an eminent domain action brought by the Montana Highway Commission in which the jury awarded compensation in the amount of $90,000. The case was tried in the district court at Missoula, the Honorable Jack L. Green, judge presiding.

The property in question is a unit of some 850 acres located approximately 3 miles east of Missoula. The southern boundary of the property is at...

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