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AMERIMONT, INC. v. ANDERSON

No. 96-129.

926 P.2d 688 (1996)

AMERIMONT, INC., a Montana Corporation, Calvin Smith and Alice E. Smith, Plaintiffs and Appellants, v. M.M. ANDERSON, a/k/a Michael Anderson, and Norma Jean Anderson, Defendants and Respondents.

Supreme Court of Montana.

Decided September 30, 1996.

Attorney(s) appearing for the Case

Karl Knuchel, Attorney at Law, Livingston, for plaintiffs and appellants.

Thomas M. White, Sedivy, Bennett & White, Bozeman, for defendants and respondents.

ERDMANN, Justice.

Amerimont, Inc., a Montana corporation, and Calvin Smith and Alice K. Smith appeal from the judgment entered by the Eighteenth Judicial District Court, Gallatin County, decreeing that Amerimont does not have a prescriptive easement over the property of M.M. Anderson and Norma Jean Anderson. We affirm.

The issue on appeal is whether the District Court erred in concluding that Amerimont does not possess a prescriptive easement over the Andersons...

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