GWYNN v. CITY OF PHILIPSBURG

No. 11584.

478 P.2d 855 (1970)

Ben GWYNN, Plaintiff and Appellant, v. The CITY OF PHILIPSBURG, Defendant and Respondent.

Supreme Court of Montana.

As Amended January 7, 1971.


Attorney(s) appearing for the Case

Knight, Dahood & Mackay, Anaconda, Wase Dahood, argued, Anaconda, for appellant.

Poore, McKenzie, Roth & Robischon, Butte, Allen R. McKenzie, argued, Butte, William F. Sheehan, County Atty., Philipsburg, for respondent.


DALY, Justice.

This is a suit for an injunction by the holders of an adjudicated downstream water right against a city maintaining an upstream dam and storage reservoir. Plaintiffs seek to restrain the city from decreasing the amount of flow in the stream during the irrigation season at the head of plaintiffs' irrigation ditches. From an adverse judgment, denial of their motion for a new trial, and denial of their motion to amend the findings of fact and conclusions...

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