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STATE EX REL. JONES v. DIST. COURT

No. 95-574.

938 P.2d 1312 (1997)

STATE of Montana, ex rel. Katherine JONES and Tim Lien, Relators, v. DISTRICT COURT OF THE FOURTH JUDICIAL DISTRICT, In and For MISSOULA COUNTY, and the Honorable Ed McLean, District Judge, Respondents.

Supreme Court of Montana.

Decided May 28, 1997.

Attorney(s) appearing for the Case

Noel K. and Tina J. Larrivee; Larrivee & Larrivee, Missoula, for Relators.

Joseph P. Mazurek, Attorney General; Harley R. Harris, Assistant Attorney General, Helena, Robert L. Deschamps, Missoula County Attorney; Michael W. Sehestedt, Deputy Missoula County Attorney, Missoula, for Respondents.

E. Gardner Brownlee, Retired District Judge, Florence, C. Bruce Loble, Chief Water Judge; Michael J.L. Cusick, Water Master, Bozeman, for Amicus.

LEAPHART, Justice.

On March 28, 1996, this Court granted Katherine Jones' and Tim Lien's (Relators) application for supervisory control and remanded the matter to the District Court for an evidentiary hearing in order to develop a factual record regarding the contentions before the court. Hon. Ed McLean, District Judge, Fourth Judicial District, appointed Senior Water Master Kathryn L.W. Lambert to conduct the evidentiary hearing. After conducting an evidentiary hearing...

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