Boyer v. Kargacin

Defendant appeals from an order granting plaintiffs’ motion for summary judgment on the issue of liability and from the judgment assessing damages against the defendant, entered in the District Court of the Third Judicial District, Deer Lodge County.

The facts of this case were set forth in the earlier case of Boyer v. Kargacin (1978), 178 Mont. 26, 582 P.2d 1173, and need not be restated here. However, the procedural history is important enough to the outcome of this appeal to be set out in this decision. On September 11, 1974, plaintiffs filed a complaint seeking a permanent injunction to…