CASTLES, Justice.
This is an appeal by the Tongue River and Yellowstone River Irrigation District, defendant and cross-complainant in the court below and hereafter referred to as the District, from a judgment and decree of the district court of Custer County, in favor of the plaintiff and cross-defendant, Bruce Vail, hereafter referred to as the plaintiff, and in favor of the defendant and cross-defendant, Custer County, Montana, hereafter referred to as the county...
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