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HAGEN v. DOW CHEMICAL CO.

No. 93-011.

863 P.2d 413 (1993)

Harold and Mary HAGEN, d/b/a Hagen Western Fisheries, Plaintiffs and Appellants, v. DOW CHEMICAL COMPANY and Madison County Weed Management District, a political subdivision of the State of Montana, Defendants and Respondents.

Supreme Court of Montana.

Decided November 12, 1993.

Rehearings Denied December 16, 1993.

Attorney(s) appearing for the Case

Gig A. Tollefsen, Berg, Lilly, Andriolo, & Tollefsen, Bozeman, for plaintiffs and appellants.

Robert M. Carlson, Corette, Pohlman, Allen, Black & Carlson, Butte, for Dow Chemical.

James T. Harrison, Jr. and James C. Cumming, Harrison, Loendorf & Poston, Helena, for Madison County Weed District.

TRIEWEILER, Justice.

Harold and Mary Hagen filed suit in the District Court for the Fifth Judicial District in Madison County, to recover damages sustained when over 8000 pounds of fish died subsequent to the Madison County Weed Management District's application of a weed poison adjacent to the ditch which supplied water to the Hagens' fish farm. The Hagens appeal from the District Court's order granting summary judgment in favor of the Weed District and Dow

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