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O'CONNOR v. BRODIE

No. 11496.

454 P.2d 920 (1969)

Daniel J. O'CONNOR et ux., Plaintiffs and Respondents, v. Stephen D. BRODIE et ux., and James L. Lee et ux., Defendants and Appellants.

Supreme Court of Montana.

Decided May 19, 1969.

Attorney(s) appearing for the Case

Tipp, Hoven & Brault, Vernon Hoven (argued), Missoula, for appellants.

Edward T. Dussault (argued), Missoula, for respondents.

ARTHUR B. MARTIN, District Judge.*

This is an appeal from a judgment declaring plaintiffs the owners of a water right and an appurtenant easement for a water line together with provisions for the restoration and protection of the adjudged rights.

Facts giving rise to the litigation are as follows: Plaintiffs are the owners of farm lands situated on the southern outskirts of the city of Missoula, Montana. Plaintiff Daniel J. O'Connor...

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