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LEVENS v. BALLARD

No. DA 10-0472.

255 P.3d 195 (2011)

2011 MT 153

Russell LEVENS and Melissa Levens, Plaintiffs and Appellants, v. Al BALLARD and Ecosafe Gold Recovery, LLC, Defendants and Appellees.

Supreme Court of Montana.

Decided June 28, 2011.

Attorney(s) appearing for the Case

For Appellants: Holly Jo Franz ; Franz & Driscoll, PLLP, Helena, Montana.

For Appellees: Gregory W. Duncan ; Attorney at Law, Helena, Montana.

Chief Justice MIKE McGRATH delivered the Opinion of the Court.

¶ 1 Russell and Melissa Levens appeal from the District Court's Memorandum and Order on Motion for Contempt, filed July 31, 2009, and the Order Granting Attorney Fees filed September 1, 2010. We reverse.

PROCEDURAL AND FACTUAL BACKGROUND

¶ 2 Levens and Ballard own adjoining properties in Grizzly Gulch, a mountainous area south of Helena, Montana. Levens live on their property...

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