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KELLY v. BURLINGTON NORTHERN R.R. CO.

No. 96-104.

927 P.2d 4 (1996)

James F. KELLY, Judith I. Kelly, James R. Smith, Jennifer C. Smith, Harry C. Piper, III, and Mary E.M. Piper, Plaintiffs and Appellants, v. BURLINGTON NORTHERN RAILROAD COMPANY, a Delaware corporation, and Montana Rail Link, Inc., a Montana corporation, Defendants and Respondents.

Supreme Court of Montana.

Decided November 14, 1996.

Attorney(s) appearing for the Case

Michael J. Lilly, Berg, Lilly, Andriolo & Tollefsen, Bozeman, for Plaintiffs and Appellants.

Christopher B. Swartley, Datsopoulos, MacDonald & Lind, Missoula, for Montana Rail Link, Inc.

Jeff Hedger, Kroschel & Yerger, Billings, for Burlington Northern Railroad Co.

NELSON, Justice.

This is an appeal from the Montana Eighteenth Judicial District Court, Gallatin County.

Following a nonjury trial, the District Court denied Plaintiffs' claims for the declaration of an easement by prescription, by necessity or by implication, and entered judgment for Defendants. From this judgment, Plaintiffs appeal. We reverse.

The following issues are raised on appeal:

1. Did the...

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