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STATE HIGHWAY COMMISSION v. COOPER

No. 12633.

521 P.2d 190 (1974)

The State of Montana, acting By and Through the STATE HIGHWAY COMMISSION of the State of Montana, Plaintiff and Appellant, v. John R. COOPER et al., Defendants and Respondents.

Supreme Court of Montana.

Decided April 18, 1974.

Attorney(s) appearing for the Case

K.M. Bridenstein argued, Harry C. Alley appeared, Helena, for appellant.

Corette, Smith & Dean, Butte, Kendrick Smith argued, Butte, Dolphy O. Pohlman, Jr. argued, Butte, for respondent.

JOHN C. HARRISON, Justice.

This is an appeal by the State Highway Commission from a judgment rendered pursuant to a jury verdict in an action in eminent domain brought in the district court of Sweet Grass County, Judge Nat Allen presiding. The State instituted the action to condemn 12.6 acres of respondents' land for construction of a county secondary road of .9 miles in length. The judgment awarded the sum of $13,000 for the land acquired plus $27,050 for depreciation...

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