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ROOPE v. ANACONDA COMPANY

No. 12086.

494 P.2d 922 (1972)

Dennis ROOPE et al., Plaintiffs and Appellants, v. The ANACONDA COMPANY, a Montana Corporation, Defendant and Respondent. Ivan H. FREED et al., Plaintiffs and Appellants, v. The ANACONDA COMPANY, Defendant and Respondent.

Supreme Court of Montana.

March 8, 1972.

Attorney(s) appearing for the Case

Neil J. Lynch (argued), Butte, for appellants.

Poore McKenzie & Roth, Butte, Robert A. Poore (argued), Butte, for respondents.

HASWELL, Justice.

All plaintiffs in two flood damage cases bring this consolidated appeal from summary judgments granted in favor of a single common defendant by the district court of Silver Bow County, the Hon. James D. Freebourn presiding.

In midafternoon of July 28, 1970, an extremely severe rain and hail storm of "cloudburst" proportions hit the western residential area of Butte, Montana. The principal part of this storm lasted about half an hour and caused...

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