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GABRIEL v. WOOD

No. 93-135.

862 P.2d 42 (1993)

Owen GABRIEL and Chris Gabriel, Robert McTaggart, Suzy Means, American Mining Co., Allen Blanchard and Dora Blanchard, Plaintiffs and Appellants, v. David F. WOOD, Defendant and Respondent.

Supreme Court of Montana.

Decided October 19, 1993.

Attorney(s) appearing for the Case

Carl A. Hatch and John C. Doubek, Small, Hatch, Doubek & Pyfer, Helena, for plaintiffs and appellants.

Ann L. Smoyer, Smoyer Law Firm, Helena. for defendant and respondent.

P. Keith Keller, Keller, Reynolds, Drake, Johnson & Gillespie, Helena, for amicus Black Tower Partnership.

GRAY, Justice.

Owen and Chris Gabriel and Allen and Dona Blanchard appeal from the findings of fact, conclusions of law and order entered by the First Judicial District Court, Lewis and Clark County, declining to enjoin David Wood from maintaining gates across a road leading to their properties. We affirm.

The following issues are raised on appeal:

1. Did the District Court err by declining to enjoin Wood from maintaining gates across the common road...

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