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CALLANT v. FEDERAL LAND BANK OF SPOKANE

No. 14377.

593 P.2d 1036 (1979)

Oscar CALLANT, Richard W. Josephson and Stanley Kalberg, Plaintiffs and Respondents, v. The FEDERAL LAND BANK OF SPOKANE, Clarence F. Biehl, Betty A. Biehl, Kenneth E. Lewis and Janet L. Lewis, Defendants and Appellants.

Supreme Court of Montana.

Decided April 24, 1979.

Attorney(s) appearing for the Case

Ask & Pratt, Roundup, Thomas M. Ask, argued, Roundup, for defendants and appellants.

Conrad B. Frederick, argued, Big Timber, Josephson & Fredricks, Big Timber, for plaintiffs and respondents.

HASWELL, Chief Justice.

In an action to condemn a private road, defendants appeal from an order of the District Court of Golden Valley County, granting plaintiffs' motion to tax costs and striking an expert appraiser's fee and attorney fees from defendants' memorandum of costs.

Plaintiffs brought an action to condemn a private road connecting their land to a county road, pursuant to section 93-9923, R.C.M. 1947, now section 70-30-107 MCA. At the time of this...

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