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CASTLES v. STATE EX REL. MONT. DEPT. OF HIGHWAYS

No. 14949.

609 P.2d 1223 (1980)

Thomas B. CASTLES, Marjorie A. Castles and Robert Brown, Plaintiff and Respondent, v. STATE of Montana ex rel. MONTANA DEPARTMENT OF HIGHWAYS, Robert B. Clyde and Nicola Clyde, Respondents and Appellants.

Supreme Court of Montana.

Decided April 18, 1980.

Rehearing Denied May 15, 1980.

Attorney(s) appearing for the Case

Daniel J. Sullivan, argued, Highway Legal Dept., Helena, for respondents-appellants.

Dennis E. Lind, Chris Swartley, argued, Jeane Wilcox, argued, Law Student, Missoula, for plaintiff-respondent.

HARRISON, Justice.

Respondents brought this action in the District Court of the Fourth Judicial District, in and for Mineral County, before the Honorable Jack L. Green. Respondents sought an order declaring null and void a quitclaim deed executed by appellant Department of Highways (herein "Department") transferring certain land located in Mineral County to appellants, the Clydes. Respondents also sought a writ of mandate to compel the Department to sell the land...

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