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STATE, DEPT. OF HIGHWAYS v. SCRIVANI

No. 13554.

561 P.2d 1321 (1976)

The STATE of Montana, acting By and through the DEPARTMENT OF HIGHWAYS of the State of Montana, Plaintiff and Appellant, v. Katherine SCRIVANI et al., Defendants and Respondents.

Supreme Court of Montana.

Decided November 19, 1976.

Attorney(s) appearing for the Case

Daniel J. Sullivan (argued), Helena, for appellant.

Stimatz & Engel, Joseph C. Engel III (argued), Butte, for respondent.

JAMES T. HARRISON, Chief Justice.

In this cause defendant Thomas J. Helehan's property interest was condemned by plaintiff and possession taken in October, 1965. In June, 1976, defendant was awarded $30,866 by a condemnation commission and judgment was entered for that amount plus interest and costs, making a total judgment of $87,742.04. Plaintiff sought to have the judgment amended but was refused. Counsel for defendant then moved the court to order plaintiff to...

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