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STATE HIGHWAY COMMISSION v. RENFRO

No. 12172.

505 P.2d 403 (1973)

The STATE HIGHWAY COMMISSION et al., Plaintiff and Appellant, v. Edmond W. RENFRO et al., Defendants and Respondents.

Supreme Court of Montana.

Rehearing Denied February 1, 1973.

Attorney(s) appearing for the Case

Daniel J. Sullivan (argued), Helena, Donald A. Douglas, Helena, for plaintiff and appellant.

Corette, Smith & Dean, Butte, Kendrick Smith (argued), Butte, for defendants and respondents.

DALY, Justice.

This is an appeal from a judgment for the defendants on a jury verdict in the district court of Beaverhead County in a condemnation proceeding brought by the state highway commission. The appeal questions only the award of $86,000 for depreciation in market value of the remainder of defendants' land by reason of the taking and construction of the highway. No question is raised by the highway commission in this appeal to the award of $29,000 as the market...

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