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BURK RANCHES, INC. v. STATE

No. 89-145.

790 P.2d 443 (1990)

BURK RANCHES, INC., A Montana Corp., Plaintiff and Respondent, v. STATE of Montana and State of Montana for State Fish and Game Commission, Defendants and Third-Party Plaintiffs and Appellants, v. John W. RIEBER, Jr., Guy Holt, Mack Poole and Larry Bradley, Third-Party Defendants and Respondents. John W. RIEBER, Michele Rieber and Rieber Ranch, A Montana Corp., Plaintiffs and Respondents, v. STATE of Montana; and Department of Fish, Wildlife and Parks, Defendants, Third-Party Plaintiffs and Appellants, v. Guy HOLT, Mack Poole, and Larry Bradley, Third-Party Defendants and Respondents.

Supreme Court of Montana.

Decided March 9, 1990.

Rehearing Denied May 16, 1990.

Attorney(s) appearing for the Case

R. Scott Currey, Agency Legal Services, Helena, for defendants and third-party plaintiffs and appellants.

Donald Robinson, Poore, Roth & Robinson, Butte, Steve Reida, Landoe, Brown, Planalp & Kommers, Bozeman, for plaintiff and respondent.

TURNAGE, Chief Justice.

The State of Montana appeals from a negligence action in the District Court of the Fifth Judicial District, Beaverhead County, arising out of the collapse of the Brownes Lake Dam. The District Court held all parties liable as a matter of law, and the jury apportioned 100% of the liability to the State and awarded actual and future damages to downstream ranchers.

We reverse and remand.

ISSUES

The State of Montana raises...

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