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STATE BY AND THROUGH DEPT. OF HIGHWAYS v. HELEHAN

No. 13554.

559 P.2d 817 (1977)

The STATE of Montana, Acting by and Through the DEPARTMENT OF HIGHWAYS of the State of Montana, Plaintiff and Appellant, v. Thomas J. HELEHAN, Defendant and Respondent.

Supreme Court of Montana.

Decided January 28, 1977.

Rehearing Denied February 24, 1977.

Attorney(s) appearing for the Case

Daniel J. Sullivan, argued, Helena, for plaintiff and appellant.

Stimatz & Engel, Joseph C. Engel, argued, Butte, for defendant and respondent.

HASWELL, Justice.

In a highway condemnation action, the district court of Silver Bow County entered judgment for the property owner in the amount of $87,742.04. The State of Montana appeals from the judgment and denial of its motion to alter or amend the judgment.

The action was originally filed by the State in 1965 against multiple defendants owning fractional interests in the property sought to be condemned. By...

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