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EKWORTZEL v. PARKER

No. 11798.

482 P.2d 559 (1971)

Williar EKWORTZEL, Plaintiff and Respondent, v. David PARKER, Defendant and Appellant.

Supreme Court of Montana.

Decided March 2, 1971.

Attorney(s) appearing for the Case

Anderson, Symmes, Forbes, Peete & Brown, Billings, Joseph Gerbase, Billings, argued, for defendant and appellant.

Berger, Anderson, & Sinclair, Billings, Richard W. Anderson, Billings, argued, for plaintiff and respondent.

DALY, Justice.

Appeal from the district court of the thirteenth judicial district, county of Stillwater.

The plaintiff, William Ekwortzel, operates and resides on a cattle ranch near Nye, Montana, approximately 80 miles from Billings, Montana. Defendant David Parker, is a nonresident owner of a ranch and acreage approximately two miles distant from plaintiff's ranch. Defendant keeps burros and one mule on his ranch. The parties have legal fences but the mule...

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