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CARBON COUNTY v. SCHWEND

No. 84-28.

688 P.2d 1251 (1984)

CARBON COUNTY, a political subdivision of the State of Montana, Plaintiff and Appellant, v. Albert G. SCHWEND, et al., Defendants and Respondents.

Supreme Court of Montana.

Decided October 11, 1984.

Attorney(s) appearing for the Case

Hibbs, Sweeney, Colberg & Koessler, Jon E. Doak argued, Billings, for plaintiff and appellant.

Sandall & Cavan, Addison Sessions argued, Billings, for Parker and Schwend.

Moulton, Bellingham, Longo & Mather, Billings, for First Bank-Billings.

Gary L. Beiswanger, Billings, for Burleson.

Peterson, Schofield & Leckie, Billings, for defendants and respondents.

Eugene & Ruth Tipperts, pro se.

MORRISON, Justice.

Carbon County filed a lawsuit in the Thirteenth Judicial District Court of Montana against Albert G. Schwend, et al., in 1976, claiming a right-of-way over the Sage Creek Road. Judgment was entered May 2, 1977, determining, among other things, section three of Sage Creek Road not to be public.

On March 30, 1982, County filed an independent action in equity, pursuant to the last sentence of Rule 60(b), M.R.Civ.P., to reopen the 1977 judgment...

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