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STATE BY & THROUGH DEPT. OF HIGHWAYS v. BURLINGAME

No. 14474.

597 P.2d 51 (1979)

STATE of Montana, acting By and Through the DEPARTMENT OF HIGHWAYS of the State of Montana, Plaintiff and Appellant, v. William K. BURLINGAME et al., Defendant and Respondent.

Supreme Court of Montana.

Decided March 28, 1979.

Attorney(s) appearing for the Case

Terry L.J. Clausen, argued, Helena, for plaintiff and appellant.

K.M. Bridenstine, argued, Polson, Claude I. Burlingame, Plains, for defendant and respondent.

HARRISON, Justice.

The State of Montana, Department of Highways, appeals from that portion of a judgment awarding costs and attorney's fees in an eminent domain proceeding, entered by the Honorable E. Gardner Brownlee, Fourth Judicial District, Missoula County.

The State of Montana, Department of Highways, instituted eminent domain proceedings on January 26, 1977, after defendant refused its offer to acquire by purchase 1.32 acres of defendant's land in Missoula...

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