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RIEMAN v. ANDERSON

No. 96-456.

935 P.2d 1122 (1997)

David E. RIEMAN, Frances S. Rieman, Dianne L. Christmann, Allen H. Christmann, Richard D. Tebay, Guy Weimer and Janice Weimer, Plaintiffs and Appellants, v. Roger ANDERSON, Ted Berst, Minnie Berst, Mike McCoy, Diane McCoy, and Clarine Stovall, Defendants and Respondents.

Supreme Court of Montana.

Decided April 8, 1997.

Attorney(s) appearing for the Case

Gary L. Spaeth, Helena, for Plaintiffs and Appellants.

James A. Hubble, Hubble & Ridgeway, Stanford, for Defendants and Respondents.

TURNAGE, Chief Justice.

David and Francis Rieman, Dianne and Allen Christmann, Guy and Janice Weimer, and Richard Tebay (Appellants) sought a determination of their easement right to use the Nutting Ditch and its laterals, damages caused by interference with that right, and attorney fees. The Thirteenth Judicial District Court, Yellowstone County, concluded that Appellants' predecessor in interest had abandoned his ditch easement, and awarded attorney fees to Respondents...

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