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KEPHART v. PORTMANN

No. 92-454.

855 P.2d 120 (1993)

A. Evans KEPHART, a/k/a Alvin Evans Kephart, The Estate of John W. Kephart, Jr., Deceased, Plaintiffs and Appellants, v. Martin E. PORTMANN and Helen Ocile Portmann, Husband and wife, Defendants, Respondents and Cross-Appellants.

Supreme Court of Montana.

Decided June 29, 1993.

Attorney(s) appearing for the Case

Calvin L. Braaksma, Landoe, Brown, Planalp & Braaksma, Bozeman, for appellants.

Thomas M. White, Morrow, Sedivy & Bennett, Bozeman, for respondents.

GRAY Justice.

A. Evans Kephart and the Estate of John W. Kephart, Jr., (Kepharts) appeal from a judgment of the Eighteenth Judicial District Court, Gallatin County, determining that Martin and Helen Portmann (Portmanns) possess a ditch easement over and across the Kepharts' property. The Portmanns cross-appeal the order of the District Court denying them costs and attorney's fees associated with their defense of this action. We affirm in part and reverse in part....

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