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GOODOVER v. LINDEY'S, INC.

No. 90-148.

802 P.2d 1258 (1990)

Pat M. GOODOVER, Plaintiff and Respondent, v. LINDEY'S, INC., and the Estate of William C. Forest, deceased, and the unknown heirs and unknown devisees of any Defendant, above-named, who may be deceased, et al., Defendants and Appellants.

Supreme Court of Montana.

Decided December 18, 1990.

Attorney(s) appearing for the Case

Paul Neal Cooley, Skelton & Cooley, Missoula, for Lindey's.

Jerome T. Loendorf, Harrison, Loendorf & Posten, Helena, for Estate of Forest.

John W. Larson, Missoula, for Goodover.

HUNT, Justice.

Defendant and appellant, Lindey's, Inc., appeals from an order of the Fourth Judicial District Court, Missoula County, requiring it to undertake efforts to locate underground fuel storage tanks and to remove a restroom facility encroaching upon property owned by plaintiff and respondent, Pat M. Goodover. We affirm.

We will address the following issue:

Did the District Court err in fashioning a remedy to enforce its earlier declaratory...

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