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SMITH v. HOWERY

No. 86-501.

738 P.2d 502 (1987)

A. Kendrick SMITH, Max A. Hansen, and W.G. Gilbert, Jr., Plaintiffs, Counter-Defendants and Respondents, v. Clinton J. HOWERY and JaCqueline J. Howery, Defendants, Counter-Claimants anaD APPELLANTS.

Supreme Court of Montana.

Decided June 25, 1987.

Attorney(s) appearing for the Case

Robert T. Cummins, Helena, for defendants, counter-claimants and appellants.

Schultz, Davis & Warren, Carl M. Davis, Dillon, Garlington, Lohn & Robinson, Sherman V. Lohn, Missoula, for plaintiffs, counter-defendants and respondents.

HARRISON, Justice.

This appeal arises from a summary judgment granted plaintiffs by the District Court of the Fifth Judicial District in and for Beaverhead County. We affirm.

This appeal is but the latest in a series of actions arising from a condemnation proceeding initiated in 1979. In February of 1979, the State of Montana filed in Beaverhead County an action to condemn .76 of an acre of property belonging to Clinton and Jacqueline Howery. The State and...

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