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KLAWITTER v. UNITED STATES

No. CV 75-150-M.

423 F.Supp. 1349 (1976)

Ralph KLAWITTER and Lillian Klawitter, his wife, Plaintiffs, v. UNITED STATES of America, acting By and Through the SECRETARY OF INTERIOR, and the City of Missoula, a Municipal Corporation of Montana, etc., et al., Defendants.

United States District Court, D. Montana, Missoula Division.

December 22, 1976.

Attorney(s) appearing for the Case

Garlington, Lohn & Robinson, Missoula, Mont., for plaintiffs.

U.S. Atty., R. E. Murray, Jr., Butte, Mont., for the Government.

Fred C. Root, Missoula, Mont., for the City of Missoula.

OPINION AND ORDER

RUSSELL E. SMITH, Chief Judge.

In 1936 Higgins Realty Company, the then owner of lands in the Southwest Quarter of the Southeast Quarter of Section 33, Township 13 North, Range 19 West, M.P.M., Missoula County, deeded a portion of such lands to the United States. The deed contained this clause:

RESERVING AND EXCEPTING, however, from this grant and conveyance the use and right to the waters arising from a spring or springs situated...

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