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STATE HIGHWAY COMMISSION v. BENNETT

No. 12187.

513 P.2d 5 (1973)

The State of Montana, acting by and through the STATE HIGHWAY COMMISSION of the State of Montana, Plaintiff and Appellant, v. Roger W. BENNETT and Santina Bennett, Defendants and Respondents.

Supreme Court of Montana.

Submitted June 18, 1973.

Rehearing Denied August 27, 1973.

Attorney(s) appearing for the Case

Daniel J. Sullivan and Leo J. Kottas, Jr. argued, Highway Legal Dept., Helena, for plaintiff-appellant.

Knight, Dahood, Mackay & McLean, Anaconda, Malcolm MacCalman argued, Deer Lodge, for defendants-respondents.

HASWELL, Justice.

This is a condemnation action by the State Highway Commission involving a 2.68 acre tract of land with improvements, located four miles west of Garrison, Powell County, Montana. Following jury trial in the third judicial district court before the Hon. Sid. G. Stewart, district judge, judgment was entered awarding the owners $60,000 for their property. From this judgment and denial of a motion for a new trial, the State appeals.

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