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STATE, STATE HIGHWAY COMMISSION v. LAVOIE

No. 11678.

466 P.2d 594 (1970)

The STATE of Montana, Acting By and Through the STATE HIGHWAY COMMISSION of the State of Montana, Plaintiff and Appellant, v. Henry LAVOIE, and Jane Doe Lavoie, Peter Longpre, Deceased, and all heirs or devisees of said Peter Longpre, Defendants and Respondents.

Supreme Court of Montana.

Rehearing Denied April 8, 1970.

Attorney(s) appearing for the Case

McKeon & Brolin, Anaconda, John L. McKeon argued, Anaconda, Nicholas Rotering, Donald MacPherson and Harry C. Alley, Helena, for State Highway Comm'n.

Garlington, Lohn & Robinson, Missoula, J.C. Garlington, argued, Missoula, for respondents.

HASWELL, Justice.

This is an eminent domain proceeding involving acquisition of land for construction of an interstate highway through the Frenchtown valley, west of Missoula. Following a "necessity" hearing, the district court of Missoula County, Hon. E. Gardner Brownlee, district judge, entered a single three-part order: (1) putting the state in possession of the land sought to be condemned, (2) issuing its preliminary...

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