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STATE EX REL. CITY OF LIVINGSTON v. WATER BD.

No. 9731.

332 P.2d 913 (1958)

STATE ex rel. CITY OF LIVINGSTON, Montana, relator and respondent, v. STATE WATER CONSERVATION BOARD, Respondent and Appellant, Livingston Ditch Water Users' Association, Intervenor and Appellant.

Supreme Court of Montana.

Decided July 23, 1958.

As Modified on Denial of Rehearing December 29, 1958.

Attorney(s) appearing for the Case

Forrest H. Anderson, Atty. Gen., Louis Forsell, Asst. Atty. Gen., Clarence E. Wohl, Sp. Asst. Atty. Gen., Louis Forsell Asst. Atty. Gen., argued orally, for respondent and appellant.

David Fitzgerald, Livingston, argued orally, for intervenor.

Ben E. Berg, Jr., Livingston, argued orally, for respondent.

HARRISON, Chief Justice.

The City of Livingston instituted this proceeding on April 11, 1953, for a writ of mandate to force the State Water Conservation Board to repair and rebuild certain bridges built over and across the ditch owned by the Board where the ditch intersects and crosses certain streets within the corporate limits of the city.

The Livingston Ditch Water Users' Association intervened in the proceeding to resist the granting of the writ. From...

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