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CASTILLO v. KUNNEMANN

No. 80-465.

642 P.2d 1019 (1982)

Manuel CASTILLO, Jr., and Deborah J. Castillo, and Garry A. Cotant, Sharyl Cotant, Plaintiffs and Appellants, v. Delbert B. KUNNEMANN, Defendant and Respondent.

Supreme Court of Montana.

Decided March 3, 1982.

Rehearing Denied March 29, 1982.

Attorney(s) appearing for the Case

Berg, Coil, Stokes & Tollefsen, Bozeman, Ben E. Berg, Jr., argued, Bozeman, for plaintiffs and appellants.

Loble & Pauly, Helena, Lester Loble, II, argued, Helena, Wellcome & Frost, Bozeman, Al Frost, argued, Bozeman, Swandal, Douglass & Swandal, Livingston, for defendant and respondent.

Donald D. MacIntyre, D.N.R., Helena, for amicus curiae.

MORRISON, Justice.

Appellants, Manuel and Deborah Castillo and Garry and Sharyl Cotant, appeal from an order of the Sixth Judicial District Court, Park County, entered on October 8, 1980. The order denied appellants' request for an injunction preventing respondent, Delbert Kunnemann from diverting certain water. On September 29, 1981, this Court issued an opinion reversing the District Court, holding in favor of appellants Castillo and Cotant. A petition for rehearing...

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