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STATE HIGHWAY COM'N v. DISTRICT CT., THIRTEENTH J.D.

No. 12209.

499 P.2d 1228 (1972)

The State of Montana, on the relation of the STATE HIGHWAY COMMISSION of the State of Montana, Relator, v. The DISTRICT COURT OF the THIRTEENTH JUDICIAL DISTRICT of the State of Montana, IN AND FOR the COUNTY of STILLWATER, and the Honorable Jack D. Shanstrom, Presiding District Judge, Respondents.

Supreme Court of Montana.

Decided July 27, 1972.

Attorney(s) appearing for the Case

William T. Kelly, argued, Billings, Daniel J. Sullivan, argued, Helena, for relator.

Richard J. Carstensen, argued, Billings, for respondents.

JAMES T. HARRISON, Chief Justice.

This is an original proceeding. Relator, Montana State Highway Commission, seeks an appropriate writ to require the respondent district court to vacate and annul that portion of its order of January 28, 1972, fixing October 24, 1971, as the date for determining the actual value of the condemned property for the measure of compensation of the interests therein of defendant Robert Lawrence Fradet.

The condemnation action involved...

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