LUTZENHISER v. HOLZWORTH

No. 84-121.

690 P.2d 990 (1984)

Earl LUTZENHISER & Kenneth Russell, Plaintiffs and Respondents, v. Dick HOLZWORTH, Defendant and Appellant.

Supreme Court of Montana.

Decided November 13, 1984.


Attorney(s) appearing for the Case

Patrick Flaherty, Great Falls, for defendant and appellant.

Lawrence A. Murphy, Helena, for plaintiffs and respondents.


WEBER, Justice.

Plaintiffs filed suit for a judgment quieting title in plaintiffs to the mineral interests in certain real property, money damages and an order restraining defendant from entering upon the property in the future. Following jury trial, judgment in the sum of $7,050, plus interest and costs was entered for plaintiffs. Defendant appeals from the judgment and from the District Court's denial of his pre-trial motion for summary judgment. We affirm.

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