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STATE EX REL. MONTANA DOT v. ASBECK

No. 02-159.

80 P.3d 1272 (2003)

2003 MT 337

The STATE of Montana, Acting by and Through MONTANA DEPARTMENT OF TRANSPORTATION, Plaintiff and Respondent, v. Hugo J. ASBECK, Jr., and Elaine Asbeck, Husband and Wife; with Federal Land Bank of Spokane, as Mortgagee, Defendants and Appellants.

Supreme Court of Montana.

Decided December 11, 2003.

Attorney(s) appearing for the Case

For Appellants: Mike Weber, Attorney at Law, Sidney, Montana.

For Respondent: Edward G. Beaudette, Department of Transportation, Timothy W. Reardon, Department of Transportation, Helena, Montana.

Justice JAMES C. NELSON delivered the Opinion of the Court.

¶ 1 Hugo J. Asbeck, Jr. and Elaine Asbeck (the Asbecks) appeal the judgment of the Seventh Judicial District Court, Richland County, ordering that the State of Montana Department of Transportation (the DOT) to pay interest on only $7,187 of the remaining $24,780 settlement paid to the Asbecks.

¶ 2 We reverse and remand for proceedings consistent...

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