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RATHBUN v. ROBSON

No. 82-222.

661 P.2d 850 (1983)

Lowell A. RATHBUN, Plaintiff and Appellant, v. Gary G. ROBSON, George A. Carlson and Eleanor L. Carlson, et al., Defendants and Respondents.

Supreme Court of Montana.

Decided April 7, 1983.

Attorney(s) appearing for the Case

Jon A. Oldenburg, Lewistown, for plaintiff and appellant.

Lynaugh, Fitzgerald & Skaggs; William P. Fitzgerald, Billings, for defendants and respondents.

HARRISON, Justice.

This case comes from the District Court of the Fourteenth Judicial District, County of Musselshell. Plaintiff commenced this action seeking a judgment declaring him to be the holder of an easement across property owned by defendants. At the trial court, and in this Court, two easement theories were presented; easement by prescription, and easement by necessity. The District Court held against plaintiff in both instances. Additionally, we are asked...

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