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BACHE v. OWENS

No. 96-413.

929 P.2d 217 (1996)

Lloyd BACHE and Virginia Bache, Plaintiffs and Respondents, v. Mark OWENS, d/b/a Mark Owens Logging, Defendant, Counterclaimant, and Appellant.

Supreme Court of Montana.

Decided December 10, 1996.

Rehearing Denied January 9, 1997.

Attorney(s) appearing for the Case

I. James Heckathorn, Murphy, Robinson, Heckathorn & Phillips, Kalispell, for Defendant, Counterclaimant, and Appellant.

Lon J. Dale, Milodragovich, Steinbrenner & Binney, Missoula, for Plaintiffs and Respondents.

TRIEWEILER, Justice.

The respondents, Lloyd Bache and Virginia Bache, filed an action against the appellant, Mark Owens, d/b/a Mark Owens Logging, in the District Court for the Nineteenth Judicial District in Lincoln County to enjoin Owens from encroaching on an easement which they alleged had been established in their favor. Owens filed a counterclaim for specific performance of the buy-sell agreement entered into between the parties and for other relief. The District...

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