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STATE, ACTING BY & THROUGH D. OF H. v. LAHMAN

No. 13156.

565 P.2d 303 (1977)

STATE of Montana, Acting By and Through the DEPARTMENT OF HIGHWAYS, Plaintiffs and Appellants, v. Edward C. LAHMAN and Margaret K. Lahman, husband and wife, Defendants and Respondents.

Supreme Court of Montana.

Decided May 24, 1977.

Rehearing Denied June 15, 1977.

Attorney(s) appearing for the Case

Frank Meglen (argued), Helena, for plaintiffs and appellants.

Mulroney, Delaney & Dalby, Dexter Delaney (argued), Missoula, for defendants and respondents.

HASWELL, Justice.

Plaintiff, Department of Highways, appeals from a judgment for the landowners in the amount of $125,660, entered after a jury trial in the district court of Powell County.

Defendants Edward C. and Margaret K. Lahman own a 415.9 acre tract of land southeast of Garrison, Montana. The State condemned 77.3 acres of defendants' land for the purpose of constructing a section of Interstate 90, and an interchange for the community of Garrison; another...

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