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STATE, DEPARTMENT OF HIGHWAYS v. SCHRECKENDGUST

No. 13080.

551 P.2d 1019 (1976)

The STATE of Montana acting By and Through the DEPARTMENT OF HIGHWAYS of the State of Montana, Plaintiff and Respondent, v. Clyde SCHRECKENDGUST, Jr., Defendant and Appellant.

Supreme Court of Montana.

Decided June 28, 1976.

Attorney(s) appearing for the Case

Tipp & Hoven, Douglas G. Skjelset argued, Missoula, for defendant and appellant.

Daniel J. Sullivan and James Beck, argued, Helena, for plaintiff and respondent.

M. JAMES SORTE, District Judge.*

The state of Montana by and through the department of highways, brought condemnation proceedings in the district court, Ravalli County, against Clyde Schreckendgust for two parcels of land. Defendant answered and counterclaimed asking for damages in the sum of $125,250. A commission hearing resulted in an award of $62,356. An appeal by the state of Montana to...

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