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HERDEGEN v. OXARART

No. 10398.

378 P.2d 655 (1963)

Louis J. HERDEGEN and Louise Herdegen, Plaintiffs and Appellants, v. Allen OXARART and Martin Oxarart, Defendants and Respondents.

Supreme Court of Montana.

Decided February 14, 1963.

Attorney(s) appearing for the Case

Burns & Thomas, Chinook, Harry L. Burns (argued), Chinook, for appellants.

Morrison & Ettien, Havre, J. Chan Ettien (argued), Havre, for respondents.

L. C. GULBRANDSON, District Judge (sitting in place of DOYLE, J.).

This is an appeal from a judgment for defendants in the district court of the seventeenth judicial district in and for the County of Phillips. The action arose out of the flooding of plaintiffs' land in Phillips County in the Spring of 1959, due to a sudden run-off of surface waters. The action was brought by appellants, hereinafter referred to as plaintiffs, to recover $5,000 damages for injuries...

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