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MONTANA COALITION FOR STREAM ACCESS v. CURRAN

No. 83-164.

682 P.2d 163 (1984)

MONTANA COALITION FOR STREAM ACCESS, INC., Plaintiff and Respondent, and Montana Department of Fish, Wildlife and Parks, and the State of Montana, Involuntary Plaintiffs and Respondents, and The Montana Department of State Lands, Plaintiff and Respondent, v. Dennis Michael CURRAN, Defendant and Appellant.

Supreme Court of Montana.

Decided May 15, 1984.

Rehearing Denied June 8, 1984.

Attorney(s) appearing for the Case

Jardine, Stephenson, Blewett & Weaver, Alexander Blewett, III, argued, Great Falls, for Curran.

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

Stan Bradshaw, argued, Helena, for Dept. of Fish, Wildlife & Parks.

John F. North, argued, Helena, for Dept. of State Lands.

Albert Stone, U of M Law School, Missoula, Vincent J. Kozakiewicz, Nat. Wildlife Fed. and Mont. Wildlife Federation, Missoula, Daniel C. Murphy, Mont. Stock & Wool Growers, Helena, Berg, Coil, Stokes, Tollefson, P.C., Michael Coil, Doug McClelland, Mont. Trout Unlimited, Bozeman, for amicus curiae.

HASWELL, Chief Justice.

Appellant D. Michael Curran ("Curran"), appeals a Rule 54(b)-certified partial summary judgment entered in favor of plaintiffs, Montana Coalition for Stream Access, Inc. ("Coalition"), the State of Montana, the Montana Department of State Lands and the Montana Department of Fish, Wildlife and Parks. The District Court held that the public have a right to use waters and the streambed of the Dearborn...

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