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KAHLE v. SMITHERS

No. 86-163.

733 P.2d 844 (1987)

Ida J. KAHLE, Plaintiff and Appellant, v. Idella SMITHERS, Treasurer of Flathead County; and Lee McDonald, Defendants and Respondents.

Supreme Court of Montana.

Decided March 4, 1987.

Rehearing Denied March 31, 1987.

Attorney(s) appearing for the Case

Oleson Law Firm, H. James Oleson, Kalispell, for plaintiff and appellant.

Ted O. Lympus, Co. Atty., Kalispell, Jonathan B. Smith, Deputy Co. Atty., Kalispell, Hash, Jellison, O'Brien & Bartlett, James C. Bartlett, Kalispell, for defendants and respondents.

WEBER, Justice.

The Treasurer of Flathead County issued a tax deed to Lee McDonald for land owned by Ida Kahle. Ida Kahle then brought an independent action seeking to void the tax deed. The District Court for the Eleventh Judicial District granted the summary judgment motion of Lee McDonald which in effect upheld the validity of the issued tax deed. We reverse.

The determinative issue is whether the District Court erred in granting the summary judgment motion...

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