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COVE IRRIGATION CO. v. YELLOWSTONE DITCH CO.

No. 10140.

362 P.2d 543 (1961)

COVE IRRIGATION COMPANY, Plaintiff and Appellant, v. YELLOWSTONE DITCH COMPANY, Defendant and Respondent.

Supreme Court of Montana.

Decided June 13, 1961.

Attorney(s) appearing for the Case

Arnold H. Olsen, Helena, Jones & Olsen, Billings, for appellant. Paul G. Olsen, Billings, argued orally.

Wiggenhorn, Hutton, Schiltz & Sheehy, Billings, for respondent. Ralph Wiggenhorn, Billings, argued orally.

CASTLES, Justice.

This is an appeal from a judgment upon pleadings. The pleadings consisted of a complaint, answer and reply. The parties are mutual irrigation or ditch companies, organized for the purpose of supplying water to their stockholders. For convenience we shall refer to the appellant, plaintiff below, as well as its predecessors, simply as Cove, and the respondent, defendant below, as Yellowstone.

Yellowstone...

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