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STATE BY AND THROUGH DEPT. OF HWYS. v. ROGERS

No. 14577.

602 P.2d 560 (1979)

The STATE of Montana, acting By and Through the DEPARTMENT OF HIGHWAYS of the State of Montana, Plaintiff and Appellant, v. Shirley ROGERS, a woman, Defendant and Respondent.

Supreme Court of Montana.

Decided October 3, 1979.

Rehearing Denied November 30, 1979.

Attorney(s) appearing for the Case

M. Gene McLatchy, Highway Legal Dept., Missoula, for plaintiff and appellant.

Boone, Karlberg & Haddon, Missoula, Koch & McKenna, Hamilton, for defendant and respondent.

HARRISON, Justice.

This is an appeal in an eminent domain proceeding by the State of Montana from the District Court's granting of respondent's petition for final judgment and order fixing costs as prayed for by respondent.

Appellant filed a complaint in Ravalli County on March 23, 1978, seeking condemnation of respondent's property for purposes of constructing a public highway. On April 3, respondent filed an answer claiming $66,000 as just compensation for...

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