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STATE HIGHWAY COMMISSION v. ROTH

No. 12138.

496 P.2d 1136 (1972)

The State of Montana, Acting By and Through the STATE HIGHWAY COMMISSION of the State of Montana, Plaintiff and Respondent v. Donald V. ROTH and Jeanne A. Roth, Husband and Wife, Defendants and Appellants.

Supreme Court of Montana.

May 11, 1972.

Attorney(s) appearing for the Case

Edward T. Dussault (argued), Missoula, for appellant.

K.M. Bridenstine (argued), Helena, for respondent.

JAMES T. HARRISON, Chief Justice.

This is an appeal from a judgment entered in Missoula County district court on a jury verdict in the amount of $7,250, in a condemnation action brought by the State of Montana, respondent herein, to acquire certain water rights and waters of the defendants, appellants herein.

The facts in this case may be summarized as follows: This eminent domain action was filed by the State Highway Commission of Montana (hereinafter referred...

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