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KOSTBADE v. METIER

No. 11249.

432 P.2d 382 (1967)

Howard KOSTBADE and Christine Kostbade, Plaintiffs and Respondents, v. Earl METIER, Dave Rigler and Bryan T. Lovely, Members of the Board of Park County Commissioners, of Park County, Montana, George Stebbins, Park County Rroad Foreman and Jack D. Shanstrom, County Attorney, Park County, Montana, Defendants and Appellants.

Supreme Court of Montana.

Decided October 3, 1967.

Attorney(s) appearing for the Case

Byron Robb (argued), Livingston, Arnold Berger (argued), Billings, for appellants.

Arnold Huppert, Jr. (argued), Livingston, Joseph B. Gary (argued), Bozeman, for respondents.

CASTLES, Justice.

This is an appeal from a judgment for plaintiffs entered upon findings of fact and conclusions of law. This court previously heard the matter on April 11, 1967, and granted rehearing on June 6, 1967.

In June of 1964, the Commissioners of Park County, appellants here, issued a notice to respondents, husband and wife, owners of private property, requesting them to remove certain gates located on a...

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