WHEELER v. ARMSTRONG

No. 12516.

533 P.2d 964 (1975)

James WHEELER and Edith Wheeler, Plaintiffs and Appellants, v. Ralph ARMSTRONG and George Gillette, et al., Respondents and Defendants, v. Dean H. TRAVIS et al., Intervenors.

Supreme Court of Montana.

Decided April 3, 1975.

Rehearing Denied February 14, 1975.


Attorney(s) appearing for the Case

Bennett & Bennett, Lyman H. Bennett, III (argued), Bozeman, for plaintiffs and appellants.

Olson & Gai, Thomas A. Olson (argued), Bozeman, for respondents and defendants.

Brown & Gilbert, Gene I. Brown (argued), Bozeman, for intervenors.


PER CURIAM:

This is the culmination of a series of related cases. The facts are detailed in Wheeler v. Armstrong, 159 Mont. 392, 498 P.2d 300. We promulgated a unanimous opinion on November 19, 1974; subsequently granted a rehearing, and reheard the entire matter on March 6, 1975. This opinion replaces that issued on November 19, 1974 as reported in 31 St.Rep. 907.

Essentially what has occurred is this:

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