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STATE EX REL. MARTIN v. FINLEY

No. 86-414.

738 P.2d 497 (1987)

STATE of Montana, ex rel., Tom and Lillian Martin, et al., Plaintiffs/Respondents, v. George FINLEY and Evelyn Finley, husband and wife, Defendants/Appellants.

Supreme Court of Montana.

Decided June 23, 1987.

Attorney(s) appearing for the Case

Kammerer Law Offices, P.C., Clinton H. Kammerer, Missoula, for defendants/appellants.

Shaun Donovan, Mineral County Atty., Superior, for plaintiffs/respondents.

HARRISON, Justice.

This appeal arises from an order issued by the District Court of the Fourth Judicial District in and for Mineral County. The District Court utilized the public nuisance doctrine to require a livestock owner to prevent his cattle from running upon the public roadways within an open range area. We reverse and remand in part and affirm in part.

The material facts of this case are not in dispute. George and Evelyn Finley are a married couple...

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