No. 9944.

351 P.2d 606 (1960)

W.E. BRUFFEY, Elmer Arneson, H.B. Tetlie, C.M. McComb, Wallis Huidekoper, Robert Davis, Walter Papez, Lowell G. Gibson, Jonas Mauland, Glenn R. Johnson, Arne Hoem, John G. Johnson, Ole Solberg, Sigurd Lavold, Jr., George Lien, Charles A. Dempster, C.D. Wolf, Hans Beley, and Frank R. Marshall, Plaintiffs and Appellants, v. BIG TIMBER CREEK CANAL COMPANY, a Corporation, John Plaggemeyer, Individually and as President of said Corporation, Harry Plaggemeyer, Individually and as Secretary of said Corporation, Abe Plaggemeyer, Bert Plaggemeyer, Earnest E. Kortum, Quincy Huyser, Sr., Sidney Huyser, John Huyser, Wallace Fetter and Bert Powell, Defendants and Respondents.

Supreme Court of Montana.

Decided February 19, 1960.

As amended on Denial of Rehearing May 19, 1960.

Attorney(s) appearing for the Case

Claude C. Gray, Big Timber, Ralph J. Anderson, Stanley P. Sorenson, Helena, for appellants. Claude C. Gray and Ralph J. Anderson argued orally.

Ben E. Berg, Jr., Bozeman, Vard Smith, Livingston, for respondents. Ben E. Berg, Jr., argued orally.

ANGSTMAN, Justice.

This action is one to restrain defendants in the use of water of Big Timber Creek in Sweet Grass County.

The case was tried to the court without a jury resulting in findings and judgment in favor of defendants. The appeal is from the judgment and is taken by all plaintiffs except Robert Davis and Walter Papez.

The parties, or their predecessors in interest, were parties in an action entitled Bailey v. Tintinger, 45 Mont. 154, 122...

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