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MASSE v. STATE, DEPT. OF HIGHWAYS

No. 82-255.

664 P.2d 890 (1983)

Daniel MASSE and Justine Masse, Husband & Wife, Plaintiff and Respondent, v. The STATE of Montana, DEPARTMENT OF HIGHWAYS, Defendant and Appellant.

Supreme Court of Montana.

Decided May 19, 1983.

As Amended on Denial of Rehearing June 30, 1983.

Attorney(s) appearing for the Case

Beate Galda, Dept. of Highways, Helena, for defendant and appellant.

Terry Wallace, Missoula, for plaintiff and respondent.

MORRISON, Justice.

An amended judgment was issued by the Fourth Judicial District Court on April 2, 1982, establishing the common boundary line between property owned by the Masses and a right-of-way belonging to the Montana Department of Highways. It also found that a negligent act by the Department of Highways proximately caused uncertainty regarding Masses' property line and awarded Masses $28,368.56 in damages, plus interest thereon at the rate of ten percent...

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