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UNRUH v. TASH

No. 94-439.

896 P.2d 433 (1995)

Elmer UNRUH, Plaintiff, Respondent, Cross-Appellant, v. William TASH and Tash T Diamond Livestock, Inc., Defendants and Appellants.

Supreme Court of Montana.

Decided May 23, 1995.

Rehearing Denied June 29, 1995.

Attorney(s) appearing for the Case

Jon Metropoulos, Helena, for appellants.

W. Cecil Jones, Thomas R. Scott, Dillon for respondent.

NELSON, Justice.

This is an appeal and cross-appeal from a Fifth Judicial District Court, Beaverhead County, order granting the defendant's motion for summary judgment in a prescriptive easement action. We reverse and remand.

The following are issues on appeal and cross-appeal:

APPEAL

1. Did the District Court err in denying attorney fees to the defendant William Tash (Tash) pursuant to § 70...

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