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FARMERS UNION OIL CO. v. ANDERSON

No. 9461.

291 P.2d 604 (1955)

FARMERS UNION OIL CO., a corporation, Plaintiff and Appellant, v. S. A. ANDERSON and Florence V. Anderson, Defendants and Respondents.

Supreme Court of Montana.

Rehearing Denied January 13, 1956.

Attorney(s) appearing for the Case

Sanders, Cresap and Koch, Sidney, for appellant.

Victor G. Koch, Sidney, argued orally for appellant.

Leavitt & Lucas, Miles City, for respondents. for appellant.

W. B. Leavitt, Miles City, argued orally for respondents.

W. W. LESSLEY, District Judge (sitting in place of ANGSTMAN, Justice, disqualified).

This is an appeal from a judgment in favor of defendants, based on a jury verdict, in an action brought by plaintiff to recover damages caused by flooding of plaintiff's property, as the result of the breaking of two dams owned by the defendant Florence V. Anderson.

These are the pertinent facts from the record: August Vaux is the father of Florence V. Anderson, one of the...

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