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SMITH v. FOSS

No. 13878.

582 P.2d 329 (1978)

M.V. Si SMITH, Plaintiff and Respondent, v. Sam T. FOSS and Alice I. Foss, Defendants and Appellants.

Supreme Court of Montana.

Decided July 20, 1978.

Attorney(s) appearing for the Case

Curtis C. Cook, argued, Hamilton, for defendants and appellants.

Harold L. Holt, argued, Missoula, for plaintiff and respondent.

HASWELL, Chief Justice.

Defendant appeals from an order of the District Court, Ravalli County, entered on April 8, 1977. In this order the court "clarified" its earlier order of October 6, 1975, regarding the testing procedure to be used to determine the organic content of peat material.

Plaintiff in the present suit is M.V. "Si" Smith and defendants are Sam T. and Alice I. Foss, husband and wife, and their son, John. In 1968, this Court held that Smith's...

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