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BACHE v. OWENS

No. 93-533.

883 P.2d 817 (1994)

Lloyd BACHE and Virginia Bache, Plaintiffs and Respondents, v. Mark OWENS, d/b/a Mark Owens Logging, Defendant, Counterclaimant, Third-Party Plaintiff and Appellant, v. TITLE U.S.A. INSURANCE CORPORATION, Third-Party Defendant and Respondent. Lloyd BACHE and Virginia Bache, Plaintiffs, Third-Party Plaintiffs and Respondents, v. DESHAZER RYAN REALTY, and its agent/employee, Colleen Moncur, Third-Party Defendants and Respondents.

Supreme Court of Montana.

Decided October 19, 1994.

Rehearing Denied November 21, 1994.

Attorney(s) appearing for the Case

I. James Heckathorn, Murphy, Robinson, Heckathorn and Phillips, P.C., Kalispell, for appellant.

Lon J. Dale, Milodragovich, Dale and Dye, Missoula, for Bache.

Gary Kalkstein, Quane, Smith, Howard & Hull, Missoula, for DeShazer Ryan Realty.

John K. Tabaracci, Sullivan and Tabaracci, Missoula, for Mont. Assoc. Realtors.

TURNAGE, Dhief Justice.

Mark Owens, doing business as Mark Owens Logging, appeals from an order of the Nineteenth Judicial District Court, Lincoln County, granting partial summary judgment to Lloyd and Virginia Bache and denying his motion for partial summary judgment. We affirm the decision of the District Court.

The issue is whether the District Court erred in ruling that the Baches retain an easement on the land they sold to Owens.

Lloyd and Virginia...

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