SHARON v. HAYDEN

No. 90-405.

803 P.2d 1083 (1990)

Richard L. SHARON, Plaintiff, Respondent and Appellant, v. Archie D. HAYDEN, Dan C. Hill, Glenn W. Hayden, Jerry Meine and Richard Meine, Defendants and Appellants.

Supreme Court of Montana.

Decided December 31, 1990.


Attorney(s) appearing for the Case

J. Blane Anderson, Jr., Dillon, Montana James H. Goetz, Goetz, Madden & Dunn, Bozeman, for defendants and appellants.

Max A. Hansen, Dillon, for plaintiff, respondent and appellant.


SHEEHY, Justice.

Defendants Archie D. Hayden, Glenn W. Hayden, and Dan C. Hill appeal from an order of the Fifth Judicial District Court, Beaverhead County, denying attorney fees. We reverse.

The single issue on this appeal is whether the defendants are entitled to attorney fees under § 70-17-112(5), MCA.

The plaintiff Richard L. Sharon brought this action in District Court to enjoin the defendants, owners of a ditch easement through his property...

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