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STATE HIGHWAY COMMISSION v. DUNKS

No. 12712.

531 P.2d 1316 (1975)

The State of Montana, acting by and through the STATE HIGHWAY COMMISSION of the State of Montana, Plaintiff and Appellant, v. William L. DUNKS and Charlotte M. Dunks, husband and wife, Defendants and Respondents.

Supreme Court of Montana.

Decided February 19, 1975.

Attorney(s) appearing for the Case

Jack A. Holstrom argued, Helena, Harry C. Alley and Leo J. Kottas, Jr., Helena, for plaintiff and appellant.

Burgess, Joyce, Prothero, Whelan & O'Leary, Butte, Robert T. O'Leary argued, Butte, for defendants and respondents.

DALY, Justice.

This is an appeal from an order of the district court, Jefferson County, granting a mistrial. The original action was brought by the State Highway Commission for the condemnation of certain land owned by William L. Dunks and Charlotte M. Dunks. On August 23, 1973, the jury returned a verdict in the amount of $35,000. That jury consisted of twelve men and women, plus one alternate juror, Irene Buhl. It was...

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