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FUNK v. ROBBIN

No. 83-519.

689 P.2d 1215 (1984)

Bruce E. FUNK, as the Personal Representative of the Estates of Kenneth E. Funk and Alice M. Funk, Deceased, Plaintiff and Appellant, v. Randolph K. ROBBIN, Defendant and Respondent.

Supreme Court of Montana.

Decided October 9, 1984.

Rehearing Denied November 13, 1984.

Attorney(s) appearing for the Case

Warden, Christiansen, Johnson & Berg, Kalispell, for plaintiff and appellant.

Murray, Kaufman, Vidal & Gordon, Kalispell, for defendant and respondent.

WEBER, Justice.

Kenneth E. Funk and Alice M. Funk brought a quiet title action against Randolph K. Robbin in the District Court of Flathead County, asking to quiet title according to a Certificate of Survey. Defendant Robbin counterclaimed. Kenneth Funk died during the pendency of the action and Alice Funk died following the trial of the case to a 6-person jury. Bruce Funk, personal representative of his parents' estates, appeals from the judgment in favor of defendant...

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