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STATE EX REL. DOT v. SLACK

No. 00-589.

29 P.3d 503 (2001)

2001 MT 137

STATE of Montana, acting By and Through the MONTANA DEPARTMENT OF TRANSPORTATION, Plaintiff and Appellant, v. James A. SLACK and Patricia A. Slack, as owners and joint tenants, and First Interstate Bank of Oregon, as mortgagee, Defendants, Respondents, and Cross-Appellants.

Supreme Court of Montana.

Decided August 2, 2001.

Attorney(s) appearing for the Case

James A. Lewis and Lyle Manley, Montana Dept. of Transportation, Helena, MT, P. Keith Keller, Keller, Reynolds, Drake, Johnson & Gillespie, P.C., Helena, MT, For Appellants.

Dale L. McGarvey, McGarvey, Heberling, Sullivan & McGarvey, P.C., Kalispell, MT, For Respondents and Cross Appellants.

Justice JIM REGNIER delivered the Opinion of the Court.

¶ 1 The Montana Department of Transportation ("DOT") appeals from the Findings of Fact, Conclusions of Law and Judgment issued by the Eleventh Judicial District Court, Flathead County, awarding litigation expenses, attorney fees, and interest to James and Patricia Slack. The Slacks cross-appeal. We affirm in part and reverse in part.

¶ 2 The parties raise the following issues:

¶...

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