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MARTA v. SMITH

No. 82-84.

650 P.2d 1387 (1982)

Jack A. MARTA, Robert D. Marta, and David A. Marta, Plaintiffs and Appellants, v. Douglas L. SMITH and Effie L. Smith, Defendants and Respondents.

Supreme Court of Montana.

Decided September 23, 1982.

Attorney(s) appearing for the Case

Morrow, Sedivy, Olson & Eck, Bozeman, James H. Morrow, Bozeman, for plaintiffs and appellants.

Jardine, McCarthy & Grauman, Whitehall, David A. Grauman, Whitehall, for defendants and respondents.

SHEEHY, Justice.

Plaintiffs appeal from a judgment awarding defendants damages of $5,500 and attorney fees of $2,000 entered in the District Court of the Fifth Judicial District, Madison County.

This case was reviewed by this Court in Marta v. Smith (1981), Mont., 622 P.2d 1011, 38 St.Rep. 28. We remanded the case to the District Court on January 12, 1981, because no evidence was presented concerning attorney fees granted...

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