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BAKER DITCH CO. v. DISTRICT COURT

No. 91-386.

824 P.2d 260 (1992)

BAKER DITCH COMPANY, Petitioner, v. The DISTRICT COURT OF THE EIGHTEENTH JUDICIAL DISTRICT of the State of Montana, In and For the COUNTY OF GALLATIN, the Honorable Thomas A. Olson, and the Honorable Frank M. Davis, Presiding Judges, Respondents.

Supreme Court of Montana.

January 9, 1992.

Attorney(s) appearing for the Case

W. Russell McElyea, Moore, O'Connell, Refling & Manos, Bozeman, for petitioner.

Matt Williams, Les Aaberg, Water Com'r, H.A. Bolinger, James H. Goetz, Bozeman, Thomas France, Missoula, for respondents.

Richard L. Krause, Asst. Counsel, American Farm Bureau Federation, Park Ridge, Ill., for amicus curiae.

OPINION AND ORDER

TURNAGE, Chief Justice.

The original opinion and order in this case was dated November 7, 1991, and filed with the Clerk of the Supreme Court on that date. We herewith clarify that original opinion and order. Our original opinion and order in this cause dated November 7, 1991 is hereby withdrawn.

This is an original proceeding on application for writ of supervisory control. The petitioner has asked this Court to exercise its supervisory...

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