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STATE HIGHWAY COMMISSION v. PARINI

No. 12157.

496 P.2d 1140 (1972)

The State of Montana, Acting By and Through the STATE HIGHWAY COMMISSION of the State of Montana, Plaintiff and Respondent, v. John PARINI et al., Defendants and Appellants.

Supreme Court of Montana.

May 10, 1972.

Attorney(s) appearing for the Case

Corette, Smith & Dean, Butte, R.D. Corette, Jr., argued, Butte, for appellants.

Harry Alley and Frank Meglen, argued, Helena, for respondent.

JOHN C. HARRISON, Justice.

This is an appeal by defendant property owners in a condemnation action involving the acquisition of land for the construction of an interstate highway in the Vicinity of Elk Park, north of Butte, Montana. Following a "necessity" hearing the district court of the fifth judicial district, county of Jefferson, Hon. Frank E. Blair presiding, entered a "Preliminary Order of Condemnation" condemning defendants' land to a public use and declaring...

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