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BOZEMAN PARKING COM'N v. FIRST TRUST CO., ETC.

No. 80-135.

619 P.2d 168 (1980)

BOZEMAN PARKING COMMISSION, Plaintiff and respondent, v. FIRST TRUST CO. OF MONTANA, as Trustee for Jean M. Stimson, Trust, Defendant and Appellant.

Supreme Court of Montana.

Decided September 9, 1980.

Rehearing Denied November 26, 1980.

Attorney(s) appearing for the Case

Bolinger, Higgins & Andes, Bozeman, for defendant and appellant.

Berg, Morgan, Coil & Stokes, Bozeman, for plaintiff and respondent.

SHEEHY, Justice.

This is an appeal by First Trust Company of Montana, (First Trust), as trustee for Jean M. Stimson Trust from a judgment of condemnation granted to Bozeman Parking Commission, (Bozeman), by the District Court, Eighteenth Judicial District, Gallatin County, and from an order of that court denying necessary expenses of litigation. We hold that First Trust is entitled to recover its necessary expenses of litigation and that the judgment of condemnation...

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