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FLYNN v. SIREN

No. 84-456.

711 P.2d 1371 (1986)

Elmer FLYNN, Kathleen McKinnon, Patricia Sinclair and Francis McQuade, Plaintiffs and Respondents, v. Bruce T. SIREN and Mary L. SIREN, husband and wife, Defendants and Appellants.

Supreme Court of Montana.

Decided January 7, 1986.

Attorney(s) appearing for the Case

Milodragovich, Dale & Dye, Lon J. Dale, Missoula, for defendants and appellants.

Mulroney, Delaney & Scott, Dexter Delaney, Missoula, for plaintiffs and respondents.

WEBER, Justice.

During a jury trial, the Missoula County District Court entered a directed verdict adjudging that plaintiffs are entitled to the ungated, unbarricaded, unchained, free and unobstructed use of a right-of-way easement. The jury returned a verdict finding that the plaintiffs had not abandoned any portion of the easement. Defendants appeal both verdicts. We affirm.

The issues on appeal are:

1. Did the District Court err in directing a verdict...

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