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MONT. COALITION FOR STREAM ACCESS v. HILDRETH

No. 83-174.

684 P.2d 1088 (1984)

The MONTANA COALITION FOR STREAM ACCESS, INC., a Montana non-profit corp., Plaintiff and Respondent, v. Lowell S. HILDRETH, Defendant and Third Party Plaintiff and Appellant, v. The STATE of Montana, Montana Department of Lands, Gareth Moon, Commissioner of Montana Department of Lands, Montana Department of Fish, Wildlife and Parks, and Jim W. Flynn, Director of Montana Department of Fish, Wildlife and Parks, Third Party Defendants and Respondents.

Supreme Court of Montana.

Decided June 21, 1984.

Rehearing Denied August 2, 1984.

Attorney(s) appearing for the Case

Kirwan & Barrett, Peter M. Kirwan argued for Hildreth, Bozeman, for defendant and third party plaintiff and appellant.

Goetz, Madden & Dunn, James H. Goetz argued, Bozeman, for Mont. Coalition for Stream Access.

John F. North and Lyle Manley, Dept. of State Lands, Stanley Bradshaw, Dept. of Fish, Wildlife & Parks, Helena, for third party defendants and respondents.

Christine C. Parker, Dillon, amicus curiae for American Farm Bureau.

J.H. Morrow, Bozeman, amicus curiae for Montana Farm Bureau Federation and Wyoming Farm Bureau Federation.

Daniel C. Murphy, Helena, amicus curiae for Mont. Stockgrowers & Wool Growers Assoc.

Vincent J. Kozakiewicz, Missoula, amicus curiae for Nat. Wildlife Assoc. and Mont. Wildlife Assoc.

Michael Coil, Bozeman, amicus curiae for Trout Unlimited.

Albert Stone, University of Montana, Missoula, amicus curiae.

HASWELL, Chief Justice.

This is an appeal from a Rule 54(b), M.R.Civ.P., certified partial judgment entered by the District Court of the Fifth Judicial District, Beaverhead County. After trial on the matter of a permanent injunction, the District Court held that the Beaverhead River is navigable for recreational use and that the public has a right of access up to the ordinary high water mark without interference from appellant Hildreth. Hildreth appeals. We affirm...

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