BRADY v. STATE HIGHWAY COMMISSION

No. 12368.

517 P.2d 738 (1973)

Bennett L. BRADY and Katherine T. Brady, husband and wife, Plaintiffs and Appellants, v. The State of Montana, acting By and Through the STATE HIGHWAY COMMISSION of the State of Montana, Defendants and Respondents.

Supreme Court of Montana.

Decided December 28, 1973.


Attorney(s) appearing for the Case

Mulroney, Delaney & Dalby, Missoula, Stephen H. Dalby (argued), Missoula, for plaintiffs and appellants.

N.A. Rotering, Donald A. Douglas (argued), Leo J. Kottas, Jr. (argued), Helena, for defendants and respondents.


CASTLES, Justice.

This is an appeal from a judgment entered upon findings of fact and conclusions of law after trial without a jury. The action was tried by the Hon. Jack L. Green in Missoula County. At the time of trial a court reporter was not present. Subsequently, after a hearing had, Judge Green approved a final statement of evidence and proceedings.

Certain procedural matters on appeal, including timeliness and the above referred to preparation of a...

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