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TUNGSTEN HOLDINGS, INC. v. KIMBERLIN

No. 99-366.

994 P.2d 1114 (2000)

2000 MT 24

TUNGSTEN HOLDINGS, INC., Plaintiff and Respondent, v. Lena J. KIMBERLIN a/k/a Lena J. Whitson, Joyce Lynn Kimberlin and Anthony Kimberlin, Defendants and Appellants.

Supreme Court of Montana.

Decided January 31, 2000.

Rehearing Denied February 24, 2000.

Attorney(s) appearing for the Case

Charles Evans; Evans Law Office, Libby, Montana, for Appellants.

Thomas R. Bostock; Warden, Christiansen, Johnson & Berg, Kalispell, Montana, for Respondent.

Justice W. WILLIAM LEAPHART delivered the Opinion of the Court.

¶ 1 Appellants Lena Kimberlin et al. (hereafter, the Kimberlins), appeal the judgment upon remittitur of the Nineteenth Judicial District Court, Lincoln County.

¶ 2 We affirm.

¶ 3 We restate the issues as follows:

¶ 4 1. Whether the District Court erred in determining that the easement has a two-lane width.

¶ 5 2. Whether the District Court erred...

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