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DUTTON v. ROCKY MOUNTAIN PHOSPHATES

Nos. 11205, 11214.

438 P.2d 674 (1968)

David DUTTON et al., Plaintiffs and Respondents, v. ROCKY MOUNTAIN PHOSPHATES, Defendant and Appellant. Edward MOLLENBERG et ux., Plaintiffs and Respondents, v. ROCKY MOUNTAIN PHOSPHATES, Defendant and Appellant.

Supreme Court of Montana.

Decided March 20, 1968.

Rehearing Denied April 9, 1968.

Attorney(s) appearing for the Case

Wade Dahood, Anaconda, H.A. Bolinger, Jr., Bozeman, Malcolm MacCalman (argued) Deer Lodge, for appellant.

Boone & Karlberg, Missoula, Drysdale & Sabo, Bozeman, Karl R. Karlberg (argued) Missoula, Alfred F. Dougherty (argued) Helena, for respondents.

PAUL G. HATFIELD, District Judge.

These appeals, No. 11205 with regard to the damage feature, and No. 11214 with regard to the injunction feature, were appealed separately with separate briefs and partially separate transcripts. This opinion will determine them together as the facts apply to both appeals.

In the Court below, No. 16469, David Dutton, et al. v. Rocky Mountain Phosphates, Inc., was filed in the District...

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