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RHODES v. WEIGAND

No. 10808.

402 P.2d 588 (1965)

Weston RHODES and Edward O'Hare, Plaintiffs and Respondents, v. Samuel WEIGAND, Defendant and Appellant.

Supreme Court of Montana.

Decided June 7, 1965.

Attorney(s) appearing for the Case

Peter L. Rapkoch, Lewistown, Leonard H. McKinney (argued), Lewistown, Larry Persson (argued), Hamilton, for appellant.

Smith, Boone & Karlberg, Missoula, Robert B. Brown, Stevensville, Russell E. Smith (argued), Missoula, for respondents.

DOYLE, Justice.

This litigation was commenced in the district court of Ravalli County, on September 21, 1962, by the plaintiffs, hereinafter designated respondents, obtaining a temporary restraining order and order to show cause against the defendant, hereinafter designated appellant. It was claimed that appellant was obstructing the waters of Birch Creek Drain Ditch and that the impounded waters were backing up on respondents...

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