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DVORAK v. HUNTLEY PROJECT IRR. DIST.

No. 81-217.

639 P.2d 62 (1981)

Roger W. DVORAK and Patricia J. Dvorak, Plaintiffs and Respondents and Cross-Appellants, v. HUNTLEY PROJECT IRRIGATION DISTRICT, John Propp and Norman Maynard, Defendants and Appellants.

Supreme Court of Montana.

Decided December 23, 1981.

Rehearing Denied January 26, 1982.

Attorney(s) appearing for the Case

Harwood, Galles & Gunderson, Anderson, Brown, Gerbase, Cebull & Jones, Rockwood Brown argued, Billings, for defendants and appellants.

Keefer, Roybal, Hanson, Stacey & Jarussi, Calvin J. Stacey argued, Billings, for the Dvoraks.

HASWELL, Chief Justice.

In an action for damages against an irrigation district and two of its employees for refusal to provide irrigation water to plaintiffs' farm, the District Court awarded plaintiffs compensatory and punitive damages in conformity with a jury verdict. In a post-trial order, the District Court vacated the award of punitive damages against the irrigation district and denied a new trial. We reverse and remand for a new trial.

On April 23...

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