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MOUNTAIN VIEW CEMETERY v. GRANGER

No. 13691.

574 P.2d 254 (1978)

MOUNTAIN VIEW CEMETERY, a corporation, Plaintiff and Appellant, v. David GRANGER and Mrs. David Granger et al., Defendants and Respondents and Cross Appellants.

Supreme Court of Montana.

Decided January 18, 1978.

Rehearing Denied February 22, 1978.

Attorney(s) appearing for the Case

Corette, Smith & Dean, Butte, Kendrick Smith (argued), Butte, for plaintiff and appellant.

Henningsen, Purcell & Genzberger, Butte, Rex F. Henningsen (argued), Butte, for defendants and respondents.

SHEA, Justice.

Mountain View Cemetery appeals from a judgment entered in the District Court, Silver Bow County, denying the Cemetery a roadway easement over the adjacent property of defendants Granger and denying an award of treble damages for the Grangers' cutting of two 60 foot blue spruce trees on the Cemetery's property. The Grangers cross appeal from the District Court's findings that the cemetery fence line was the true boundary line between the properties and...

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