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NO.

95-540

IN THE SUPREME COURT OF THE STATE OF MONTANA 1996 TIMOTHY J. WHALEN, d/b/a SHANNON ROSE APARTMENTS, Plaintiff and Appellant, v. JOHN LEWIS TAYLOR, Defendant, Respondent, and Cross Appellant.

APPEAL FROM:

District Court of the Thirteenth Judicial District, 1n and for the County of Yellowstone, The Hon. Maurice R. Colberg, Jr., Judge presiding.

COUNSEL OF RECORD: For Appellant: John A. Hauf, Hauf & Forsythe, Billings, Montana For Respondent: Elizabeth Billings, Halverson, Montana Montana Legal Services,

Submitted on Briefs: Decided:

May 2, 1996 September 26, 1996

STATE OF MONTANA

Justice James C. Nelson delivered the Opinion of the Court. Plaintiff, Timothy J. Whalen, (Whalen) initiated this suit in Justice Court for possession of rental property, attorney fees. damages, and

Following a trial de nova, the District Court for Yellowstone county, entered

the Thirteenth Judicial District,

judgment for Defendant, John Lewis Taylor, Taylor damages and possession of property. Whalen appeals and Taylor cross appeals. reverse in part and remand.

(Taylor) and awarded From that judgment, We affirm in part,

We address the following issues on appeal: 1. Does substantial evidence support the District Court's

finding that Taylor did not abandon the apartment, but that Whalen locked out Taylor in violation of 2.

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Montana Law