STATE DEPT. OF HIGHWAYS v. MIDLAND MATERIALS

No. 82-375.

662 P.2d 1322 (1983)

The STATE of Montana, acting By and Through its DEPARTMENT OF HIGHWAYS, Plaintiff and Respondent, v. MIDLAND MATERIALS CO., Defendant and Respondent, and Timothy E. Wood, Defendant and Appellant.

Supreme Court of Montana.

Decided May 12, 1983.


Attorney(s) appearing for the Case

Bruce E. Lee, Billings, for defendant and appellant.

Crowley, Haughey, Hanson, Toole & Dietrich, Billings, James R. Beck, Helena, for respondents.


GULBRANDSON, Justice.

This case stems from an interpleader action brought by the Montana Highway Department to determine whether respondent, Midland Materials Co., or appellant, Tim Wood, was the "successor-in-interest" to Edith I. Walters, the former owner of property known as the "State Pit," under section 60-4-204, MCA. The District Court of the Thirteenth Judicial District, Yellowstone County, denied defendant Wood's motion for summary judgment and granted the...

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