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McINTOSH v. GRAVELEY

No. 11973.

495 P.2d 186 (1972)

William McINTOSH, Jr., et al., Plaintiffs and appellants, v. Clifford GRAVELEY, Defendant and Respondent.

Supreme Court of Montana.

Decided March 23, 1972.

Rehearing Denied April 19, 1972.

Attorney(s) appearing for the Case

Small, Cummins & Hatch, Floyd O. Small, (argued) Helena, for plaintiffs and appellants.

Loble, Picotte & Loble, Henry Loble and Peter Pauly (argued), Helena, for defendant and respondent.

HASWELL, Justice.

This is a suit involving defendant's right to use certain waters of Spring Gulch, a tributary of Ophir Creek, in Powell County for irrigating a tract of land in an adjacent drainage and to change the point of diversion of such waters. The district court of Powell County, the Hon. Nat Allen, district judge presiding without a jury, entered a judgment of dismissal of plaintiffs' claims. From this final judgment...

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