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LINCOLN/LEWIS & CLARK CTY. SEWER v. BOSSING

No. 84-144.

696 P.2d 989 (1985)

LINCOLN/LEWIS & CLARK COUNTY SEWER DISTRICT AT LINCOLN, Plaintiff and Appellant, v. Robert F. BOSSING, Jean G. Bossing, et al., Defendants and Respondents.

Supreme Court of Montana.

Decided March 14, 1985.

Attorney(s) appearing for the Case

Jackson, Murdo & Grant, Robert M. Murdo, Helena, for plaintiff and appellant.

J.C. Weingartner, Helena, Douglas Allen, Great Falls, Michael J. Rieley, Paul Keller, Chadwick Smith, Helena, for defendants and respondents.

GULBRANDSON, Justice.

The plaintiff, Lincoln/Lewis & Clark County Sewer District, appeals the judgment of the District Court of the First Judicial District, Lewis & Clark County, finding that plaintiff was not entitled to a preliminary condemnation order for utility easements in defendants' properties. We affirm.

The plaintiff and appellant, Lincoln/Lewis & Clark County Sewer District (hereinafter "District") was incorporated in 1980 following...

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