State Ex Rel. Department of Highways v. Midland Materials Co.

662 P.2d 1322 (1983)

The STATE of Montana, acting By and Through its DEPARTMENT OF HIGHWAYS, Plaintiff and Respondent,

v.

MIDLAND MATERIALS CO., Defendant and Respondent, and

Timothy E. Wood, Defendant and Appellant.

No. 82-375.

Supreme Court of Montana.

Submitted on Briefs February 24, 1983.

Decided May 12, 1983.

Bruce E. Lee, Billings, for defendant and appellant.

Crowley, Haughey, Hanson, Toole & Dietrich, Billings, James R. Beck, Helena, for respondents.

GULBRANDSON, Justice.

This case stems from an interpleader action brought by the Montana Highway Department to determine whether respondent, Midland…