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STOKES v. STATE EX REL. MONTANA DOT

No. DA 06-0386.

162 P.3d 865 (2007)

2007 MT 169

John P. STOKES, individually, and Skyline Broadcaster, Inc., a Montana corporation, and Z-600, Inc., a Montana corporation, Plaintiffs and Appellants, v. The STATE of Montana acting by and through the MONTANA DEPARTMENT OF TRANSPORTATION, and Susan J. Rebeck, an agent and employee of the State of Montana, and John Does 1 through 10, Defendants and Respondents.

Supreme Court of Montana.

Decided July 12, 2007.

Attorney(s) appearing for the Case

For Appellants: Wade J. Dahood, Knight, Dahood, Everett & Sievers, Anaconda, Montana.

For Respondents: Mikel L. Moore, Christensen, Moore, Cockrell, Cummings & Axelberg, P.C., Kalispell, Montana.

Justice BRIAN MORRIS delivered the Opinion of the Court.

¶ 1 John P. Stokes, Skyline Broadcaster, Inc., and Z-600, Inc. (collectively Stokes) appeal from the order of the First Judicial District Court, Lewis and Clark County, granting the State of Montana's (State) cross-motion for summary judgment on Stokes's claim for tortious interference with his easement. We affirm.

¶ 2 We review whether the District Court correctly granted the State's motion...

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