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SCHELLIN v. NORTH CHINOOK IRR. ASS'N

No. 92-153.

848 P.2d 1043 (1993)

Robert J. SCHELLIN, Eldon Gilmore, Eugene Monson, and Lawrence Siemens, Petitioners and Respondents, v. NORTH CHINOOK IRRIGATION ASSOCIATION, a corporation registered in Montana, Respondent and Appellant.

Supreme Court of Montana.

Decided March 10, 1993.

Attorney(s) appearing for the Case

Thomas J. Sheehy, Big Sandy, Russ McElyea, Moore, O'Connell, Refling & Manos, Bozeman, for respondent and appellant.

Sarah Arnott Ozment, Livingston, for petitioners and respondents.

McDONOUGH, Justice.

The North Chinook Irrigation Association appeals from an order of the District Court for the Seventeenth Judicial District, Blaine County, concerning the use of water from Lodge Creek, north of Chinook, Montana. We vacate the District Court's order and remand for further proceedings consistent with this opinion.

We conclude that the District Judge should have recused himself after participating in negotiations between the parties. Because...

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