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WARNACK v. CONEEN FAMILY TRUST

No. 95-519.

923 P.2d 1087 (1996)

A.C. WARNACK, Trustee of the A.C. Warnack Trust; and Kenneth R. McDonald, Plaintiffs, Appellants and Cross-Respondents, v. The CONEEN FAMILY TRUST; Elk Canyon Associates Limited Partnership, a Montana Limited Partnership; and J. Bowman Williams, Defendants, Respondents and Cross-Appellants.

Supreme Court of Montana.

Decided August 27, 1996.

Rehearing Denied September 19, 1996.

Attorney(s) appearing for the Case

John V. Potter, Jr., White Sulphur Springs, Jean Faure; Church, Harris, Johnson & Williams, Great Falls, for Appellants.

Patrick F. Hooks; Luxan & Murfitt, Townsend, Perry J. Moore, Cindy E. Younkin; Moore, O'Connell & Refling, Bozeman, for Respondents.

LEAPHART, Justice.

A.C. Warnack and Kenneth R. McDonald (collectively Warnack) appeal and Coneen Family Trust, Elk Canyon Associates, and J. Bowman Williams (collectively Coneen) cross-appeal from the amended judgment and injunction order of the Fourteenth Judicial District Court, Meagher County. Warnack appeals from the District Court's determination that the easement at issue here was limited in scope to its use during the prescriptive period, and Coneen appeals...

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