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WILLIAMS v. SCHWAGER

No. 01-495.

47 P.3d 839 (2002)

309 Mont. 455

2002 MT 107

Rocky WILLIAMS and JoEllen Williams, Plaintiffs/Respondents, v. Susan SCHWAGER and Mark Schwager, Defendants/Appellants.

Supreme Court of Montana.

Decided May 23, 2002.

Attorney(s) appearing for the Case

Richard DeJana, Kalispell, Montana, for Appellants.

Kenneth O'Brien, Hash & O'Brien, Kalispell, Montana, for Respondents.

Justice PATRICIA O. COTTER delivered the Opinion of the Court.

¶ 1 Rocky and JoEllen Williams (Williams) filed a complaint in the Eleventh Judicial District Court seeking injunctive relief precluding Mark and Susan Schwager (Schwagers) from interfering with a water well that the parties shared. Schwagers filed a motion for summary judgment seeking a determination that Williams were not entitled to share the well. The District Court denied Schwagers' motion for...

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