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McCLURG v. FLATHEAD CTY. COM'RS

No. 14878.

610 P.2d 1153 (1980)

Marion C. McCLURG and Lois K. McClurg, husband and wife, Plaintiffs and Appellants, v. FLATHEAD COUNTY COMMISSIONERS and Clifford Vinje, Road Supervisor, Defendants and Respondents.

Supreme Court of Montana.

Decided April 24, 1980.

Attorney(s) appearing for the Case

M. Keith McClurg, Big Fork, for plaintiffs and appellants.

Ted O. Lympus, County Atty., Kalispell, for defendants and respondents.

SHEA, Justice.

Plaintiffs appeal the orders of the Flathead County District Court setting aside the entry of default against the defendant County and granting summary judgment to the County. Plaintiffs contend that the default should not have been set because the County had no justifiable excuse in failing to timely file an answer, and that the facts do not support a finding that the public possessed a prescriptive easement over that portion of Echo Lake Road which...

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