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STATE BY AND THROUGH MONTANA, ETC. v. CRONIN

No. 14037.

587 P.2d 395 (1978)

STATE of Montana, acting By and Through the MONTANA STATE FISH AND GAME COMMISSION et al., Plaintiffs and Appellants, v. Paul CRONIN and John Wilson, Defendants and Appellants. Paul CRONIN and John Wilson, Third Party Plaintiffs, v. John CADA, Third Party Defendant.

Supreme Court of Montana.

Decided November 30, 1978.

Attorney(s) appearing for the Case

Penwell & Bryan, Bozeman, J. David Penwell (argued), Bozeman, for plaintiffs and appellants.

Clayton R. Herron (argued), Helena, for defendants and appellants.

HARRISON, Justice.

Plaintiff State Fish and Game Commission appeals from a judgment of the Gallatin County District Court decreeing an easement over their land in favor of the public and defendant Cronin and enjoining plaintiff from interfering with it. Defendant Cronin cross-appeals for costs, damages, and attorney fees.

Plaintiff and defendant Cronin own adjoining properties situated in Township Seven South, Range Four East, Gallatin County, Montana. Plaintiff...

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