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ALEXANDER v. McCAULEY

No. 91-196.

819 P.2d 176 (1991)

Chris L. ALEXANDER and Susan M. Alexander, husband and wife; Cheryl Barnes; Phillip M. Dale and Mary Ann Dale, husband and wife; Janet I. Dougherty; James H. Dunn and Eleanor Dunn, husband and wife; David H. Kirsch and Rhonda L. Kirsch, husband and wife; Janet E. Lewis; Mathew G. Salminen and Becky J. Salminen, husband and wife; Deborah M. (Prechtl) Scoville; and L. Edward Wilkinson and Ruth Mae Wilkinson, husband and wife, Plaintiffs and Appellants, v. Edward K. McCAULEY and Anita L. McCauley, husband and wife, Defendants and Respondents.

Supreme Court of Montana.

Decided August 27, 1991.

Attorney(s) appearing for the Case

David N. Hull, Helena, for plaintiffs and appellants.

Paul B. Smith, Boulder, for defendants and respondents.

TRIEWEILER, Justice.

Plaintiffs appeal from the decision of the District Court of the Fifth Judicial District for Jefferson County, granting the defendants' motion for summary judgment. We affirm the District Court.

The sole issue for our determination is whether the District Court erred in granting the defendants' motion for summary judgment.

Appellants in this action are homeowners in the city of Boulder, Montana. Edward and Anita McCauley are owners...

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