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STATE, STATE HIGWAY COMMISSION v. EMERY

No. 11900.

481 P.2d 686 (1971)

The STATE of Montana, Acting By and Through the STATE HIGHWAY COMMISSION of the State of Montana, Plaintiff and Respondent, v. Charles P. EMERY and Ethel W. Emery, his wife, and Charles L. Emery, Defendants and Appellants.

Supreme Court of Montana.

Decided March 5, 1971.

Attorney(s) appearing for the Case

Fennessy, Crocker & Arness, Franklin Arness argued, Libby, for defendants-appellants.

Daniel J. Sullivan argued and James Beck appeared, Highway Legal Dept., Helena, for plaintiff-respondent.

JOHN C. HARRISON, Justice.

This is an appeal from an order by the district court of the eleventh judicial district, Lincoln County, granting a new trial to the plaintiff State Highway Commission. The jury awarded the defendant landowners $23,400 in a condemnation action and the trial court found the verdict excessive and contrary to the evidence.

The condemnation action involved the taking of 5.07 acres of land jointly owned by an elderly couple and their...

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