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79 RANCH, INC. v. PITSCH

No. 82-361.

666 P.2d 215 (1983)

79 RANCH, INC., a Mont. corp., and Harry Vandervoort, Plaintiffs and Respondents, v. Reuben C. PITSCH, Defendant and Appellant.

Supreme Court of Montana.

Decided June 21, 1983.

Rehearing Denied July 29, 1983.

Attorney(s) appearing for the Case

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

Ask & Pratt, Thomas M. Ask argued, Roundup, Moulton, Bellingham, Longo & Mather, William Mather argued & William Forsythe argued, Billings, for plaintiffs and respondents.

GULBRANDSON, Justice.

Plaintiffs, 79 Ranch and Harry Vandervoort, began this action in 1977 seeking to enjoin defendant Pitsch from using water in Big Coulee Creek, and seeking a determination of each party's water rights in the creek. After a hearing, the District Court entered scant findings and established the following water rights and priorities:

"(a) Vandervoort — 50 inches for use on W½ Section 23-6N-21E., with priority date as of June...

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