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ERIE v. STATE, STATE HIGHWAY COMMISSION

No. 11635.

461 P.2d 207 (1969)

Herman ERIE and T.P. Mulvihill, on behalf of themselves and all other similarly Interested persons, Plaintiffs and Respondents, v. STATE of Montana, acting By and Through The STATE HIGHWAY COMMISSION of the State of Montana, Defendant and Appellant.

Supreme Court of Montana.

Rehearing Denied December 8, 1969.

Attorney(s) appearing for the Case

Robert L. Woodahl, Atty. Gen., Helena, Moulton, Bellingham, Longo & Mather, Billings, F.D. Moulton, argued, Billings, Donald D. MacPherson, Helena, K.M. Bridenstine, appeared, Helena, for defendant and appellant.

Berger, Anderson & Sinclair, Billings, Arnold A. Berger, argued, Billings, for plaintiffs and respondents.

PER CURIAM:

This is an appeal by the defendant State Highway Commission from orders of the district court of Stillwater County granting a permanent injunction prohibiting the construction of a planned interchange on Interstate 90 and also a writ of mandate ordering the commission to construct two full diamond interchanges on that interstate highway.

The action for injunction was commenced by plaintiffs on August 25, 1967 on behalf of themselves and all other...

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