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BUTLER v. GERMANN

No. 91-072.

822 P.2d 1067 (1991)

Owen D. BUTLER and Erna D. Butler, Plaintiffs and Respondents, v. John V. GERMANN and Barbara A. Germann, Defendants and Appellants.

Supreme Court of Montana.

Decided December 12, 1991.

Attorney(s) appearing for the Case

David L. Pengelly, Knight, Maclay & Masar, Missoula, for defendants and appellants.

Jeffrey H. Langton, Hamilton, for plaintiffs and respondents.

TRIEWEILER, Justice.

Owen and Erna Butler sought an injunction requiring John and Barbara Germann to repair damage to an irrigation ditch that runs through the Germanns' property before delivering water to the Butlers' property. The District Court for the Fourth Judicial District in Ravalli County issued a preliminary injunction, and after a hearing, issued a permanent injunction, together with an award of damages, costs, and attorney's fees. The Germanns appeal....

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