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KADILLAK v. MONTANA DEPT. OF STATE LANDS

No. 81-254.

643 P.2d 1178 (1982)

George and Marie KADILLAK, husband & wife, et al., Plaintiffs and Appellants, v. MONTANA DEPARTMENT OF STATE LANDS, Defendant and Respondent.

Supreme Court of Montana.

Decided April 26, 1982.

Rehearing Denied May 20, 1982.

Attorney(s) appearing for the Case

McGarvey, Lence & Heberling, Jon L. Heberling, argued, Kalispell, for plaintiffs and appellants.

John F. North, Dept. of State Lands, Helena, for defendant and respondent.

HASWELL, Chief Justice.

In a prior decision this Court remanded this case to the Silver Bow District Court for an evidentiary hearing on attorney fees. The District Court awarded the fees based on Montana's writ of mandate statute. The plaintiffs appeal the award of attorney fees and costs.

The original case, Kadillak v. Anaconda Co. (1979), Mont., 602 P.2d 147, 36 St.Rep. 1820, involved an appeal from a District Court...

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