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NORMAN v. STATE

No. 14522.

597 P.2d 715 (1979)

David NORMAN, Plaintiff and Respondent, v. The STATE of Montana, the State Highway Commission of the State of Montana, et al., Defendant and Appellant,

Supreme Court of Montana.

Decided June 13, 1979.

Rehearing Denied August 9, 1979.

Attorney(s) appearing for the Case

N.A. Rotering, James R. Beck and Donald A. Douglas, Donald A. Douglas argued, Helena, for defendant and appellant.

Corette, Smith, Dean, Pohlman & Allen, Kendrick Smith argued, McCaffery & Peterson, William D. Murray, Jr., argued, Butte, for plaintiff and respondent.

SHEEHY, Justice.

The State of Montana appeals from a judgment and order dated June 8, 1978, of the District Court, Second Judicial District, Silver Bow County sitting without a jury. The judgment and order quieted title to a certain parcel of land in David Norman and awarded damages against the State to William Gozden.

On September 18, 1946, the State of Montana purchased a certain parcel of land in Butte, Montana, from William and Paul Gozden. The State Highway...

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