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STATE HIGHWAY COMMISSION v. METCALF

No. 11821.

500 P.2d 951 (1972)

The State of Montana, Acting By and Through the STATE HIGHWAY COMMISSION OF The State of Montana, Plaintiff and Appellant, v. Fred L. METCALF and Kennybelle Metcalf, husband and wife, Defendants and Respondents.

Supreme Court of Montana.

Decided August 8, 1972.

As Amended on Denial of Rehearing September 25, 1972.

Attorney(s) appearing for the Case

Daniel J. Sullivan, argued, James R. Beck, Highway Legal Dept., Helena, for appellant.

Clayton R. Herron, argued, Helena, for respondent.

JOHN C. HARRISON, Justice.

This is an appeal from a judgment for defendants after a jury verdict in their favor in the district court of the third judicial district, county of Granite. Proceedings in the district court were in eminent domain following an award by commissioners appointed to assess damages as compensation by reason of appropriation of defendants' property for highway purposes. Plaintiff, State of Montana, acting by and through the State Highway Commission...

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