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STATE, DEPT. OF HIGHWAYS v. SCHUMACHER

No. 13972.

590 P.2d 1110 (1979)

The STATE of Montana, acting By and Through the DEPARTMENT OF HIGHWAYS for the State of Montana, Plaintiff and Appellant, v. Harold F. SCHUMACHER et al., Defendant and Respondent.

Supreme Court of Montana.

Decided February 8, 1979.

Rehearing Denied March 2, 1979.

Attorney(s) appearing for the Case

Daniel J. Sullivan (argued), Helena, for plaintiff and appellant.

Larry Stimatz (argued), Butte, for defendant and respondent.

DALY, Justice.

This is an eminent domain action filed March 27, 1962, in Silver Bow County by the State of Montana, acting by and through the State Highway Commission, against Harold F. Schumacher and his wife, Loretta M. Schumacher, who were the owners of the land taken, and Arthur W. Schmidt, who leased a portion of the property from the Schumachers. The Schumachers reached a settlement with the State and were compensated accordingly.

Schmidt and the State...

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