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AXTELL v. CONSULTING

No. 97-346.

955 P.2d 1362 (1998)

1998 MT 64

Thomas D. AXTELL and Carmen D. Axtell, Plaintiffs and Respondents, v. M.S. CONSULTING, et al., Defendants and Appellants.

Supreme Court of Montana.

Decided March 24, 1998.

Attorney(s) appearing for the Case

William A. Hritsco, Davis, Warren & Hritsco, Dillon, Montana, for Appellants,

W.G. Gilbert, III, Dillon; Robert C. Griffin, Herndon, Sweeney & Halverson, Billings (defendant Rowe), for Respondents.

HUNT, Justice.

¶ 1 M.S. Consulting, et al. (M.S. Consulting) appeal from the summary judgment and decree entered by the Fifth Judicial District Court, Madison County, quieting title to certain water rights in favor of Thomas D. Axtell and Carmen D. Axtell (the Axtells). We reverse and remand.

¶ 2 The following issue is dispositive of this case:

¶ 3 Did the District Court err in holding that no genuine issues of material fact existed...

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