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STATE, BY & THROUGH DEPT. OF HYS. v. HELEHAN

No. 80-60.

615 P.2d 925 (1980)

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

Supreme Court of Montana.

Decided August 27, 1980.

Attorney(s) appearing for the Case

Daniel J. Sullivan, Highway Legal Department, Helena, for plaintiff and appellant.

Daniels & Mizner, Deer Lodge, for defendant and respondent.

SHEEHY, Justice.

The State, through its Department of Highways, appeals from a judgment of the Second Judicial District Court, Silver Bow County, awarding expenses of litigation in an eminent domain proceeding to Thomas Helehan.

The State's appeal is grounded on its contentions that: (1) Helehan's cost bill was not timely filed, (2) witnesses were not disclosed to the State prior to trial, (3) the State was not given a chance to depose some witnesses before...

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