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KOHLER v. CROONENBERGHS

No. 03-272.

77 P.3d 531 (2003)

2003 MT 260

Dale T. KOHLER and Jeanne M. Kohler, Plaintiffs and Respondents, v. Albert A. CROONENBERGHS and Rose S. Croonenberghs, Defendants and Appellants, Erma W. Lewis, Commonwealth Land Title Insurance, and FLR Partnership, LLP, d/b/a Lambros Real Estate, Defendants and Respondents.

Supreme Court of Montana.

Decided September 25, 2003.

Attorney(s) appearing for the Case

For Appellants: Richard R. Buley, Tipp & Buley, Missoula, Montana.

For Respondents: Gary L. Graham, Garlington, Lohn & Robinson, Missoula, Montana (Lambros Real Estate); Cynthia K. Smith, Smith Law Offices, Missoula, Montana (Kohlers); Gregory G. Schultz, Petit & Schultz, Missoula, Montana (Commonwealth).

Justice JAMES C. NELSON delivered the Opinion and Order of the Court.

¶ 1 This is an appeal from the Fourth Judicial District Court's opinion and order granting partial summary judgment against Albert A. and Rose S. Croonenberghs (the Croonenberghs) on Counts II and III of the amended complaint of Dale T. and Jeanne M. Kohler (the Kohlers), seeking, among other things, an order establishing a fence line and a 1976 survey...

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