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RICKL v. BRAND S. LUMBER COMPANY

No. 13544.

559 P.2d 1182 (1977)

Ellen J. RICKL, Plaintiff and Respondent, v. BRAND S. LUMBER COMPANY, a corporation, et al., Defendant and Appellant.

Supreme Court of Montana.

Decided February 16, 1977.

Attorney(s) appearing for the Case

Leonard H. McKinney (argued), Lewistown, for defendant and appellant.

Robert L. Kelleher (argued), Billings, for plaintiff and respondent.

JOHN C. HARRISON, Justice.

This is an appeal from an award of damages by the district court, Fergus County, sitting without a jury. Plaintiff Ellen J. Rickl owned a piece of land adjacent to land on which defendant Brand S. Lumber Company had secured consent to cut timber. The lumber company admitted by stipulation that it had gone upon the real property belonging to plaintiff and cut 208,000 board feet of timber.

The sole issue at trial and on appeal is the...

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