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UTAH INTERN. INC. v. INTAKE WATER CO.

No. CV-75-108-BLG.

484 F.Supp. 36 (1979)

UTAH INTERNATIONAL INCORPORATED, a Delaware Corporation, Plaintiff, v. INTAKE WATER COMPANY, a Delaware Corporation, Defendant, and State of Wyoming; and Office of State Engineer of the State of Wyoming, Applicants for Intervention, and State of Montana, By and Through the Department of Natural Resources and Conservation, Applicants for Intervention.

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

December 5, 1979.

Attorney(s) appearing for the Case

Urban L. Roth, Poore, McKenzie, Roth, Robischon & Robinson, Butte, Mont., for plaintiff.

Peter C. Pauly, Loble & Pauly, Helena, Mont., for defendant.

V. Frank Mendicino, Atty. Gen. for the State of Wyoming and Jack D. Palma II, Asst. Atty. Gen., Cheyenne, Wyo., for applicants in intervention.

Ted J. Doney, Allen B. Chronister, Dept. of Natural Resources and Conservation, Helena, Mont., for intervenor, State of Mont.

MEMORANDUM AND ORDER

BATTIN, Chief Judge.

This declaratory judgment action has arisen from the competing efforts of Utah International Incorporated, hereinafter "plaintiff", and Intake Water Company, hereinafter "defendant", to acquire appropriative rights in certain waters allocated to the State of Montana under the terms of the Yellowstone River Compact. The facts upon which this action is based are fairly simple.

On November 20, 1973, plaintiff...

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