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ERICKSON v. HART

No. 87-308.

750 P.2d 1089 (1988)

Allen E. ERICKSON and Melba E. Erickson, Plaintiffs and Respondents, v. Dale P. HART, Defendant and Appellant.

Supreme Court of Montana.

Decided March 1, 1988.

Attorney(s) appearing for the Case

Terry A. Wallace, Missoula, for defendant and appellant.

Kammerer Law Offices; Clinton H. Kammerer, Missoula, for plaintiffs and respondents.

HARRISON, Justice.

Dale P. Hart appeals an order of the Fourth Judicial District, Missoula County, granting possession of real property to plaintiffs Allen and Melba Erickson during the pendency of this action. We reverse and remand.

One issue is presented for our review:

Did the District Court abuse its discretion when it transferred real property to plaintiffs by injunction or restraining order?

In November 1985 defendant Dale P. Hart assumed...

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