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STATE BY AND THROUGH DEPT. OF HIGH. v. HOWERY

No. 82-236.

664 P.2d 1387 (1983)

The STATE of Montana, Acting By and Through the DEPARTMENT OF HIGHWAYS of the State of Montana, Plaintiff and Appellant, v. Clinton L. and Jacqueline J. HOWERY, Husband and Wife, as Joint Tenants, and State Bank & Trust Company, as Mortgagee, Defendants and Respondents.

Supreme Court of Montana.

Decided June 20, 1983.

Attorney(s) appearing for the Case

W.D. Hutchison, argued, Helena, for plaintiff and appellant.

Max Hansen, argued, Dillon, Corette, Smith, Pohlman & Allen, Butte, Kendrick A. Smith, argued, Butte, for defendants and respondents.

MORRISON, Justice.

The Montana Department of Highways brought this action in the Fifth Judicial District Court, Beaverhead County, for the purpose of obtaining right-of-way for a frontage road along Interstate 15. Clinton and Jacqueline Howery owned the 0.76 acre tract subject to the condemnation action. Trial on the issue of just compensation was had after the Department of Highways appealed from an award by the Highway...

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