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CATE v. HARGRAVE

No. 83-348.

680 P.2d 952 (1984)

Gilbert H. CATE, and Maxine Cate, husband and wife, Robert L. Connell; Sidney M. Goodrich & Midlred Goodrich, et al., Plaintiffs and Appellants, v. C. Leo HARGRAVE, and Ellen Hargrave, HIs wife, Defendants and Respondents.

Supreme Court of Montana.

Decided April 19, 1984.

Attorney(s) appearing for the Case

Patrick M. Springer, Kalispell, for plaintiffs and appellants.

Murphy, Robinson, Heckathorn & Phillips, Dana L. Christensen, Kalispell, for defendants and respondents.

HASWELL, Chief Justice.

This action was initiated September 22, 1981, in the Flathead County District Court. Plaintiffs, owners of property surrounding McGregor Lake, sought a judicial determination of the extent of defendants' senior water right on the outlet stream of the lake, McGregor Creek. Plaintiffs specifically sought a determination of whether defendants were wasting water by their failure to maintain a dam on the...

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