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STATE EX REL. RHODES v. DIST. CT., 4TH JUD. DIST. ETC.

No. 14640.

600 P.2d 182 (1979)

STATE of Montana ex rel. June RHODES, Don Dieth and Delbert Griffin, Relators, v. The DISTRICT COURT OF the FOURTH JUDICIAL DISTRICT of the State of Montana, IN AND FOR the COUNTY OF MISSOULA, and the Presiding Judge of Department 1 thereof, Respondent.

Supreme Court of Montana.

Decided August 9, 1979.

Attorney(s) appearing for the Case

Garlington, Lohn & Robinson, Missoula, for relators.

Murray & Holt, Missoula, for respondents.

DALY, Justice.

On February 21, 1975, respondent court granted a summary judgment in favor of relators in a suit brought by Richard F. Winter and Linda Lee Winter. The court's ruling was based on the holding in Fiscus v. Beartooth Electric Cooperative, Inc. (1974), 164 Mont. 319, 522 P.2d 87. No appeal was taken by the Winters.

Shortly after this Court overruled Fiscus in Piper v. Lockwood Water Users Association...

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