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WHITCOMB v. HELENA WATER WORKS COMPANY

No. 11212.

444 P.2d 301 (1968)

Edmund WHITCOMB (Harrer and Schatz), Plaintiffs and Respondents, v. The HELENA WATER WORKS COMPANY (City of Helena), Defendants, Intervenors, Cross-Complainants and Appellants.

Supreme Court of Montana.

July 31, 1968.

Attorney(s) appearing for the Case

Small & Cummins, Floyd O. Small (argued), Robert Cummins, Helena, for appellants.

Loble, Picotte & Loble, Henry Loble (argued), Helena, for respondents.

PER CURIAM:

This is an appeal from a judgment of the district court of Lewis and Clark County, the Honorable W.W. Lessley presiding.

This case bears the title of the original parties at the time of the adjudication made of Ten Mile Creek in the year 1903. The actual plaintiffs and respondents are W.J. Harrer & Sons, Inc., and Frank J. and Edna R. Schatz. The actual defendant and appellant is the City of Helena.

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