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SMITH v. HOWERY

No. 84-539.

701 P.2d 1381 (1985)

A. Kendrick SMITH; Max A. Hansen, and W.G. Gilbert, Jr., Plaintiffs and Respondents, v. Clinton L. HOWERY and Jacqueline J. Howery, Defendants and Appellants.

Supreme Court of Montana.

Decided July 2, 1985.

Attorney(s) appearing for the Case

Robert T. Cummins, Helena, for defendants and appellants.

Schulz, Davis & Warren, Dillon, Garlington, Lohn & Robinson, Missoula, for plaintiffs and respondents.

MORRISON, Justice.

Clinton and Jacqueline Howery (Howerys) appeal the May 14, 1984, order of the Fifth Judicial District Court granting respondent attorneys, Kendrick Smith, Max Hansen and W.G. Gilbert, Jr.'s motion for summary judgment. We affirm the order granting summary judgment.

In February of 1979, the State of Montana filed an action in Beaverhead County seeking to condemn .76 of an acre of Howerys' land for highway purposes. The State and Howerys were...

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