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WAREING v. SCHRECKENDGUST

No. 95-553.

930 P.2d 37 (1996)

Lee WAREING and Donna Wareing, Plaintiffs, Counter-Defendants and Respondents, v. Clyde SCHRECKENDGUST, Defendant, Counterclaimant and Appellant.

Supreme Court of Montana.

Decided December 13, 1996.

Attorney(s) appearing for the Case

Dirk A. Williams, Church, Harris, Johnson & Williams, Missoula, for Appellant.

Walter E. Congdon, Congdon Law Office, Missoula, for Respondents.

NELSON, Justice.

This is an appeal from the Twenty-First Judicial District Court, Ravalli County. Following a bench trial, the District Court awarded Plaintiffs, Lee and Donna Wareing, a prescriptive ditch easement across Schreckendgust's property, costs and attorney fees. Additionally, the District Court ordered the parties to equally share the costs of replacing the ditch culvert crossing Defendant Schreckendgust's property. Defendant Schreckendgust appeals. We...

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