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SHAMMEL v. CANYON RESOURCES CORP.

No. 05-206.

167 P.3d 886 (2007)

2007 MT 206

338 Mont. 541

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 Appellants, v. CANYON RESOURCES CORPORATION, a Delaware Corporation, and C.R. Kendall Corporation, a Colorado Corporation, Defendants and Respondents.

Supreme Court of Montana.

Submitted March 18, 2006.

Decided August 20, 2007.

Attorney(s) appearing for the Case

For Appellants: A. Clifford Edwards (argued) and Roger W. Frickle, Edwards, Frickle, Anner, Hughes, Cook & Culver, Billings, Montana.

For Respondents: Ronald F. Waterman (argued), Thomas J. Hattersley III, and Teri A. Walter, Gough, Shanahan, Johnson & Waterman, Helena, Montana.

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

¶ 1 The Plaintiffs, members of the Shammel, Ruckman, and Harrell families (collectively, "Shammels"), sued Canyon Resources Corporation and its wholly owned subsidiary, C.R. Kendall Corporation (collectively "Canyon"), for allegedly contaminating the Shammels' property and diminishing water flows thereto. In addition to other various tort claims, the Shammels asserted a distinct right to recover...

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