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CITY OF THREE FORKS v. STATE HIGHWAY COMMISSION

No. 11848.

480 P.2d 826 (1971)

CITY OF THREE FORKS, Plaintiff and Respondent, v. STATE of Montana State HIGHWAY COMMISSION, Defendant and Appellant.

Supreme Court of Montana.

Rehearing Denied February 24, 1971.

Attorney(s) appearing for the Case

James R. Beck and Donald A. Douglas, Helena, James R. Beck, Highway Legal Dept. argued, Helena, for defendant-appellant.

Landoe & Gary, Bozeman, Joseph B. Gary, argued, Bozeman, Harold L. Allen, Three Forks, argued, for plaintiff-respondent.

CASTLES, Justice.

The defendant, State Highway Commission, appeals from a judgment in the sum of $32,500 together with interest and costs, entered by the district court of the eighteenth judicial district with a jury, in favor of the plaintiff, the City of Three Forks. The court further awarded defendant the fee simple interest in the land owned by plaintiff. The appeal was taken after an order of the trial court denied defendant's motion for a new trial.

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