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DeVOE v. STATE

No. 96-349.

935 P.2d 256 (1997)

Clayton E. DeVOE, Plaintiff and Appellant, v. STATE of Montana, and the Highway Commission of the State of Montana, Defendants and Respondents, and City of Missoula, Intervenor, Defendant and Respondent.

Supreme Court of Montana.

Decided March 10, 1997.

Rehearing Denied March 26, 1997.

Attorney(s) appearing for the Case

George C. DeVoe, Missoula, for Plaintiff and Appellant.

James Nugent, Missoula City Attorney, Missoula, Peter W. LaPanne, Montana Department of Transportation, Helena, for Defendants and Respondents.

GRAY, Justice.

Clayton E. DeVoe (DeVoe) appeals from the judgment entered by the Fourth Judicial District Court, Missoula County, on its findings of fact, conclusions of law and order dated February 26, 1996, and from earlier orders. We affirm.

We address the following issues on appeal: 1. Did the District Court err in permitting the City of Missoula to intervene? 2. Did the District Court err in granting partial summary judgment to the...

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