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AMERIMONT, INC. v. GANNETT

No. 96-034.

924 P.2d 1326 (1996)

AMERIMONT, INC., a Montana Corporation, Calvin Smith and Alice K. Smith, Plaintiffs and Appellants, v. David E. GANNETT and Montana Land Reliance, Defendants and Respondents.

Supreme Court of Montana.

Decided September 30, 1996.

Attorney(s) appearing for the Case

Karl Knuchel, Livingston, for Plaintiffs and Appellants.

James J. Masar, Knight & Masar, Missoula, 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 David E. Gannett and the Montana Land Reliance, a non-profit corporation, which holds a conservation easement on Gannett's property. We affirm.

The issue on appeal is whether the District Court...

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