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MONTANA POWER CO. v. WAX

No. 90-027.

796 P.2d 565 (1990)

The MONTANA POWER COMPANY, a Montana Corporation, Plaintiff and Respondent, v. Roberta WAX, as Personal Representative of the estate of Theodore Solomon, deceased, Roberta Wax, as Guardian of Roseabelle Dix Solomon, also known as Rose Solomon, Incompetent; Barbara Wallace; and Clayton E. DeVoe, Defendants and Appellants.

Supreme Court of Montana.

Decided August 6, 1990.

Attorney(s) appearing for the Case

George C. DeVoe, Missoula, for defendants and appellants.

William Evan Jones, Paul C. Meismer, Garlington, Lohn & Robinson, Missoula, for plaintiff and respondent.

McDONOUGH, Justice.

This is an appeal from a condemnation proceeding in the Fourth Judicial District, Ravalli County. Following the order of condemnation of a powerline easement, a hearing was held in order to determine compensation due the appellant, Clayton E. DeVoe. The District Court awarded damages in the sum of $5,000.00. We affirm.

The sole issue on appeal is:

Whether the District Court erred in striking and limiting certain witness testimony...

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