OLSEN v. McQUEARY

No. 83-326.

687 P.2d 712 (1984)

Lars Lewis OLSEN, Mary Ann Olsen, Robert Joseph Olsen, and Joyce Olsen, Plaintiffs and Appellants, v. Evered L. McQUEARY, Ramona McQueary, Andrew Beck and Donald W. Beck, Defendants and Respondents.

Supreme Court of Montana.

Decided August 30, 1984.


Attorney(s) appearing for the Case

Johnson, Skakles & Kebe, Greg J. Skakles, Anaconda, for plaintiffs and appellants.

Loble & Pauly, C. Bruce Loble, Helena, for defendants and respondents.


GULBRANDSON, Justice.

The plaintiffs appeal from the judgment of the Third Judicial District Court, Powell County, which decreed the respective water rights of plaintiffs and defendants in Upper Fred Burr Creek and Lower Fred Burr Creek channel near Deer Lodge, Montana. We affirm the decision of the District Court.

The plaintiffs own property in Powell County in the Lower Fred Burr Creek drainage. Some of these lands are owned by Lars and Mary Ann Olsen, husband...

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