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WALTON v. CITY OF BOZEMAN

No. 14097.

588 P.2d 518 (1978)

Roy WALTON, a/d/a Roy T. Walton, Plaintiff and Respondent, v. CITY OF BOZEMAN, a corporation, Defendant and Appellant.

Supreme Court of Montana.

Decided December 27, 1978.

Attorney(s) appearing for the Case

Berg, Angel, Andriolo & Morgan, Bozeman, Ben E. Berg, Jr. argued, Bozeman, for defendant and appellant.

Morrow, Sedivy & Olson, Bozeman, James H. Morrow, Jr. argued, Bozeman, for plaintiff and respondent.

SHEEHY, Justice.

Defendant City of Bozeman, appeals from a judgment entered on October 14, 1977, in the Eighteenth Judicial District, Gallatin County, the Honorable Frank E. Blair presiding, awarding plaintiff Roy Walton damages in the sum of $1,250.00, plus $2,000.00 per year until defendant City restores the "Old Walton Ditch".

We affirm the judgment of the District court except for a modification of one item of...

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