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GOODMAN REALTY, INC. v. MONSON

No. 94-070.

883 P.2d 121 (1994)

GOODMAN REALTY, INC., a Montana corporation, Gerry L. Smith and Kathy A. Smith, husband and wife, Plaintiffs and Appellants, v. Laura M. MONSON, Defendant and Respondent.

Supreme Court of Montana.

Decided October 27, 1994.

Attorney(s) appearing for the Case

Stephen C. Berg, Warden, Christiansen, Johnson & Berg, Kalispell, for appellants.

William E. Astle, Astle & Astle, Kalispell, for respondent.

HUNT, Justice.

Goodman Realty, Inc., and Gerry and Kathy Smith jointly filed a complaint in the District Court for the Eleventh Judicial District in Flathead County requesting that Laura Monson execute a document clarifying the Smiths' rights regarding a drainfield on Monson's property which services the Smiths' property. Alternatively, if Monson refused to execute the requested document, plaintiffs sought a decree adjudging the location of the drainfield on the Monson...

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