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SHAMMEL v. CANYON RESOURCES CORP.

No. 02-736.

82 P.3d 912 (2003)

2003 MT 372

Alan and Stephanie SHAMMEL, Maurice and Betty Mae Shammel, Jack and Ida Ruckman, Bob and Vicky Ruckman, Lewis and Mona Harrell, and Daniel and Lori Harrell, individually, Plaintiffs and Respondents, v. CANYON RESOURCES CORPORATION, a Delaware Corporation, and CR Kendall Corporation, a Colorado Corporation, Defendants and Appellants.

Supreme Court of Montana.

Decided December 24, 2003.

Attorney(s) appearing for the Case

For Appellants: Thomas Hattersley III and Alan Joscelyn, Gough, Shanahan, Johnson & Waterman, Helena, Montana.

For Respondents: A. Clifford Edwards, Roger W. Frickle, and Roberta Anner-Hughes, Edwards, Frickle, Halverson & Anner-Hughes, Billings, Montana.

Justice W. WILLIAM LEAPHART delivered the Opinion of the Court.

¶ 1 Canyon Resources Corporation and CR Kendall (collectively referred to as Canyon) appeal from the Tenth Judicial District Court's grant of a preliminary injunction and the denial of a motion for an undertaking for security in Fergus County.

¶ 2 We restate the issues on appeal as follows:

¶ 3 1. Did the District Court err when it granted the preliminary injunction?

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