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KESSINGER v. MATULEVICH

No. 96-059.

925 P.2d 864 (1996)

Roger A. KESSINGER and Joanne M. Kessinger, husband and wife, Plaintiffs and Appellants, v. Donald MATULEVICH and Joan Matulevich, husband and wife, Defendants, Respondents, and Cross-Appellants.

Supreme Court of Montana.

Decided October 22, 1996.

Attorney(s) appearing for the Case

Thomas R. Bostock, Warden, Christiansen, Johnson & Berg, Kalispell, for Appellant.

Kenneth E. O'Brien, Hash, O'Brien & Bartlett, Kalispell, for Respondent.

NELSON, Justice.

This is an appeal and cross appeal from the Eleventh Judicial District Court, Flathead County. Following a nonjury trial and view of the disputed road, the District Court awarded private prescriptive easement rights to Plaintiffs Roger and Joanne Kessinger, Defendants Donald and Joan Matulevich, and two nonparty witnesses, John Winnie and Tom Beeson, over the disputed road. Plaintiffs appeal and Defendants cross appeal. We affirm in part and reverse...

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