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KADILLAK v. ANACONDA CO.

No. 14348.

602 P.2d 147 (1979)

George and Marie KADILLAK, husband and wife et al., Plaintiffs and Appellants, v. The ANACONDA COMPANY et al., Defendants and Respondents.

Supreme Court of Montana.

Decided October 16, 1979.

Rehearing Denied November 26, 1979.

Attorney(s) appearing for the Case

McGarvey, Lence & Heberling, Kalispell, Dale L. McGarvey, argued and Jon L. Heberling, argued, Kalispell, for plaintiffs and appellants.

Mike Greely, Atty. Gen., Helena, D.L. Holland, argued, Anaconda Co., Butte, John F. North, argued, Helena, Jack Holstrom, argued, State Highways, Helena, Stan Bradshaw, argued, Helena, Dept. of Health, for defendants and respondents.

HASWELL, Chief Justice.

Plaintiffs appeal from a judgment of the District Court of Silver Bow County denying them relief on their complaint against the Anaconda Company and various state agencies relating to the establishment and operation of a waste dump containing overburden and discard from open pit mining operations in the vicinity of their residences.

Early in the spring of 1974, residents of the Hillcrest subdivision in Butte, Montana, learned from newspaper...

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