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KING v. SCHULTZ

No. 10384.

375 P.2d 108 (1962)

Joe C. KING, Joe C. King, 3rd, J. Robert King and David J. King, Plaintiffs and Respondents, v. Theodore R. SCHULTZ and Mrs. Theodore R. Schultz, his wife, Defendants and Appellants.

Supreme Court of Montana.

Decided September 14, 1962.

Rehearing denied October 22, 1962.

Attorney(s) appearing for the Case

Coleman, Lamey & Crowley, John M. Dietrich (argued orally) and Gerald F. Krieg (argued orally), Billings, for appellants.

Anderson & Sorenson, Ralph J. Anderson (argued orally), Helena, for respondents.

CASTLES, Justice.

This is an appeal from a judgment of the tenth judicial district, which judgment decreed the rights in the plaintiffs in certain waters of Elk Creek in Petroleum County, and enjoined the defendants from interfering with or diverting the waters of Elk Creek in derogation of the plaintiffs' rights.

The plaintiffs, respondents here, are owners of land in Petroleum County. The defendants, appellants...

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