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RASMUSSEN v. FOWLER

No. 90-158.

800 P.2d 1053 (1990)

Dan C. RASMUSSEN, Plaintiff, Respondent and Cross-Appellant, v. Phillip FOWLER, Defendant and Appellant.

Supreme Court of Montana.

Decided November 15, 1990.

Attorney(s) appearing for the Case

Ralph B. Kirscher, Worden, Thane & Haines, Missoula, for defendant and appellant.

James A. Haynes, Hamilton, for plaintiff, respondent and cross-appellant.

SHEEHY, Justice.

Phillip Fowler appeals from the judgment of the District Court of the Fourth Judicial District, Ravalli County, holding Rasmussen to be entitled to access across Fowler's property by virtue of prescriptive right. We affirm the District Court.

Fowler presents the following issues:

1. Whether the District Court erred in determining a public easement exists on McFadgeon Road.

2. Whether the District Court erred in determining...

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