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GUENTHER v. FINLEY

No. 88-433.

769 P.2d 717 (1989)

Dale E. GUENTHER and Doris H. Guenther, Plaintiffs and Appellants, v. Donald L. FINLEY and Pauline E. Finley, Defendants and Respondents.

Supreme Court of Montana.

Decided March 14, 1989.

Attorney(s) appearing for the Case

Hedman, Hileman & Lacosta, Donald E. Hedman, Whitefish, for plaintiffs and appellants.

Gary R. Christiansen, Kalispell, for defendants and respondents.

TURNAGE, Chief Justice.

The decision of the District Court of the Eleventh Judicial District was appealed by the plaintiffs Guenther from the jury verdict in favor of the defendants Finley denying the plaintiffs' claim for trespass and damages. The Guenthers claim that the defendants' dam caused water to back onto the property of the plaintiffs for a number of years, causing extensive damage to the land and destroying the habitability of plaintiffs' home.

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