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TITECA v. STATE BY AND THROUGH DEPT. OF FISH

No. 80-396.

634 P.2d 1156 (1981)

John H. TITECA and Clara L. Titeca, Individually and as husband and wife, Plaintiff and Appellant, v. STATE of Montana, Acting By and Through the DEPARTMENT OF FISH, WILDLIFE, AND PARKS, Defendant and Respondent.

Supreme Court of Montana.

Decided September 15, 1981.

Attorney(s) appearing for the Case

J. Brian Tierney, Butte, for plaintiff and appellant.

F. Woodside Wright, Helena, for defendant and respondent.

SHEEHY, Justice.

Plaintiffs, John H. Titeca and Clara L. Titeca, appeal from the summary judgment granted in the District Court, Sixth Judicial District, Sweet Grass County, to defendant, the State of Montana, acting by and through the Department of Fish, Wildlife and Parks (hereinafter department).

The property involved in this matter is located on the Boulder River within Section 15, Township 2 South, Range 13 East, Sweet Grass County, Montana. The site...

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