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WILLS CATTLE CO. v. SHAW

No. DA 06-0498.

167 P.3d 397 (2007)

2007 MT 191

338 Mont. 351

WILLS CATTLE COMPANY, Plaintiff and Appellant, v. William J. SHAW and E. Kathleen Shaw, Defendants and Respondents.

Supreme Court of Montana.

Decided August 7, 2007.

As Amended on Rehearing September 12, 2007.

Attorney(s) appearing for the Case

For Appellant: Holly Franz, Franz & Driscoll, PLLP, Helena, Montana.

For Respondents: W. Carl Mendenhall, Worden Thane PC, Missoula, Montana.

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

¶ 1 Wills Cattle Company (the Company) appeals from a judgment of the Fourth Judicial District Court, Missoula County, which decreed that the Company had no ownership interest in two irrigation ditches on land owned by William J. Shaw and E. Kathleen Shaw (the Shaws) and dismissed the complaint. We affirm.

¶ 2 We restate the issues on appeal as follows:

¶ 3 1. Did the District...

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