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GALT v. STATE DEPT. OF FISH, WILDLIFE

No. 86-178.

731 P.2d 912 (1987)

Jack E. GALT, et al., Plaintiffs and Appellants, v. STATE of Montana, acting By and Through the DEPARTMENT OF FISH, WILDLIFE AND PARKS, Defendant and Respondent.

Supreme Court of Montana.

Decided January 15, 1987.

Attorney(s) appearing for the Case

Philip W. Strope argued, Helena, for plaintiffs and appellants.

Stan Bradshaw, Dept. Fish, Wildlife and Parks, Helena, Poore, Roth & Robinson; Urban L. Roth argued, Butte, for defendant and respondent.

Charles F. Moses argued for Directors of T-Bone Cattlewomens Assoc., et al., Billings, for amicus curiae.

MORRISON, Justice.

Plaintiffs appeal the order of the First Judicial District Court granting summary judgment in favor of the defendant, State of Montana. We reverse.

In 1984, this Court decided the twin cases of Montana Coalition for Stream Access, Inc. v. Curran (Mont. 1984), 682 P.2d 163, 41 St.Rep. 906, and Montana Coalition for Stream Access, Inc., v. Hildreth (Mont. 1984), 684 P.2d 1088...

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