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BRIDGER v. LAKE

No. 94-404.

896 P.2d 406 (1995)

William E. BRIDGER and Mary A. Bridger, Plaintiffs and Respondents, and Roger C. Todd, Judith N. Todd and Jean L. Todd, Robert Evans, Glen M. Hargrove, Betty Rae Hargrove, Michael Wold, Lorenia M. Wold, and Earl Wesley Hargrove, Plaintiffs by Intervention and Respondents, v. Jackson L. LAKE, Jr., Lynne M. Blackburn, a/k/a Lynn M. McDonald, Burlington Northern Railroad Company, a Delaware corporation, Montana Rail Link, Inc., a Montana corporation, Defendants, and The State of Montana, Alice Mina Lake, The Personal Representative of the Estate of John Ludwell Lake, Deceased, and All Persons Unknown, Defendants and Respondents. Jackson L. LAKE, Jr., Third Party Plaintiff and Respondent, v. Lynne M. BLACKBURN, a/k/a Lynne M. McDonald, Third Party Defendant and Appellant.

Supreme Court of Montana.

Decided May 17, 1995.

Attorney(s) appearing for the Case

Brenda Riley Cole, Swandal, Douglass, Frazier & Cole, Livingston, for appellant.

Leanne M. Schraudner, Schraudner & Hillier, Bozeman for Bridgers, Evans, Hargroves and Wold.

Karl Knuchel, Livingston, for Lakes.

David W. DePuy, DePuy Law firm, Livingston, for Todds.

WEBER, Justice.

This matter came before the District Court of the Sixth Judicial District, Park County, on motion for summary judgment. The court granted summary judgment to plaintiffs. We affirm.

We restate the issues as follows:

I. Did the District Court err in granting summary judgment on the issue of whether an easement had been created?

II. Did the District err in concluding that the easement had not been extinguished?

III. Did...

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