PERKINS v. KRAMER

No. 10709.

423 P.2d 587 (1966)

John E. PERKINS, Plaintiff and Respondent, v. Joe M. KRAMER, Vincent J. Lowery et al., Defendants and Appellants.

Supreme Court of Montana.

Decided December 9, 1966.

Rehearing Denied March 3, 1967.


Attorney(s) appearing for the Case

Keeley & McElwain, Donald J. Beighle, Joseph A. McElwain (argued), Deer Lodge, for appellants.

William Taylor, Deer Lodge, Picotte & Loble, Helena, M.K. Daniels (argued), Deer Lodge, Henry Loble (argued), Helena, for respondent.


CASTLES, Justice.

This is an appeal from a judgment entered in favor of the respondent in an action for declaratory judgment granting respondent certain water rights in Dempsey Creek, Powell County.

The history of this case is a long one. Dempsey Creek is a living stream of fresh water arising in a high mountain area on the west side of Deer Lodge Valley and flowing generally eastwardly into Deer Lodge River. During summer months the entire flow of Demsey...

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