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McDONALD v. WASHINGTON

No. 92-547.

862 P.2d 1150 (1993)

Sister Mary Jo McDONALD, Reverend John M. Kading, Josephine E. McDonald, Helen Wherry, Orabelle Evans, B. Madden, Dale and Sue Rawlings, Virginia Walker, Philomena Michalsky, Maurice H. Roth, James McDonald, Janet R. Lindh, Geraldine Christiaens, James and Sharon Williams, John and J.C. McElhenny, R.A. and Irene Boksich, James Shea, Betty L. Borchert, Priscilla Borchert, Ronald and Ranae Borchert, Frances Altman, Bob Moodry, Charles E. Reed, Juanita and David Monger, Sharon Vingom, Richard Alcorn, Dan Dolan, Lynn Reckas, Randy and Shirley Winstead, Tom Tracy, Joe Van Meel, and all others similarly situated, Plaintiffs/Appellants, v. Dennis R. WASHINGTON; and the Butte Water Company, a New Jersey Corporation, Defendants/Respondents.

Supreme Court of Montana.

Decided November 4, 1993.

Attorney(s) appearing for the Case

James H. Goetz, Goetz, Madden & Dunn, Bozeman; and Martin R. Studer, Bozeman, for plaintiffs-appellants.

Ronald B. MacDonald, Datsopoulos, MacDonald & Lind, Missoula, for respondent.

NELSON, Justice.

This is an interlocutory appeal in a class action lawsuit from the Second Judicial District Court, Silver Bow County. We affirm in part and reverse in part.

The appellants are past and present "consumers" of water provided by the Butte Water Company (BWC). The respondents are Dennis Washington, who became the sole shareholder of BWC in 1985, and the former owners of the BWC.

We restate the issues on appeal and cross-appeal:

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