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79 RANCH, INC. v. PITSCH

No. 80-138.

631 P.2d 690 (1981)

79 RANCH, INC., a Montana Corporation, and Harry Vandervoort, Plaintiff and Appellant, v. Reuben C. PITSCH, Defendant, Respondent and Cross-Appellant.

Supreme Court of Montana.

Decided July 9, 1981.

Attorney(s) appearing for the Case

Ask & Pratt, Roundup, Thomas M. Ask, argued, Roundup, Moulton, Bellingham, Longo & Mather, Billings, Corrine Courtney, argued, Billings, for plaintiff and appellant.

Felt & Martin, Billings, Laurence R. Martin, argued, Billings, for defendant, respondent and cross-appellant.

SHEA, Justice.

This case involves adjudication of the water rights of three users of water from Big Coulee Creek in Golden Valley County. The users are Reuben C. Pitsch, the upstream user; 79 Ranch, Inc., a Montana corporation, the midstream user; and Harry Vandervoort, the downstream user. Both the upstream user and midstream user appeal from a judgment of the Golden Valley District Court which held in effect, that the water rights of the upstream user started in...

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