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No. 01-560 IN THE SUPREME COURT OF THE STATE OF MONTANA 2002 MT 121N

MONTGOMERY CONSTRUCTION, Petitioner and Appellant, v. MONTANA DEPARTMENT OF TRANSPORTATION, Respondent and Respondent.

APPEAL FROM:

District Court of the First Judicial District, In and for the County of Lewis and Clark, The Honorable Jeffrey M. Sherlock, Judge presiding.

COUNSEL OF RECORD: For Appellant: Jon A. Oldenburg, Attorney at Law, Lewistown, Montana For Respondent: Nick A. Rotering, Timothy W. Reardon; Montana Department of Transportation, Helena, Montana

Submitted on Briefs: April 25, 2002 Decided: Filed: __________________________________________ Clerk June 11, 2002

Chief Justice Karla M. Gray delivered the Opinion of the Court.

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Montana Law