HARRISON, Justice.
This is an appeal by defendant Donohoe from the District Court's denial of a motion for summary judgment.
On August 3, 1973, plaintiffs Luoma filed a complaint seeking an injunction and damages. Defendant answered and counterclaimed on October 5, 1973, seeking a decree granting him an easement and damages. Trial before the Honorable A.B. Martin, sitting without a jury, was held on May 6, 1977. The District Court issued its findings of fact...
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