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NIXON v. HUTTINGA

No. 12544.

518 P.2d 263 (1974)

Clifford Y. NIXON and Olga L. Nixon, husband and wife, Plaintiffs and Appellants, v. Jelke HUTTINGA and Louwina Huttinga, husband and wife, Defendants and Respondents.

Supreme Court of Montana.

Decided January 22, 1974.

Attorney(s) appearing for the Case

Landoe & Gary, Bozeman, Hjalmar B. Landoe argued, Bozeman, Ronald K. Olson, Bozeman, for plaintiffs and appellants.

Bolinger & Wellcome, Bozeman, Page Wellcome argued, Bozeman, for defendants and respondents.

JOHN C. HARRISON, Justice.

Plaintiffs Clifford Y. Nixon and Olga L. Nixon, husband and wife, appeal from a judgment dismissing their complaint in an action seeking an injunction and damages in connection with a claimed ditch right. The case was tried by the district court of Gallatin County, sitting without a jury. Following trial the district court granted defendants' motion to dismiss for failure to show a right to relief pursuant to Rule 41(b), M.R.Civ.P. Defendants...

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