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LANDOWNERS CONSIDERATION ASS'N v. MONTANA POWER CO.

No. 2834.

300 F.Supp. 54 (1969)

The LANDOWNERS CONSIDERATION ASSOCIATION, an unincorporated Association, on behalf of themselves and all others similarly situated, et al., Plaintiffs, v. The MONTANA POWER COMPANY, a Montana Corporation; J. E. Corette, Chairman of the Board; George W. O'Connor, President, W. W. Talbott, Vice-President and Sales Manager, Richard Davenport, Transmission Designs Engineer, R. M. Ball, Vice-President and Chief Engineer, all of Montana Power Company; Continental Pipe Line Company, a Delaware Corporation, W. L. Kygar, President, and C. R. Wilhite, Secretary, both of Continental Pipe Line Company, Defendants.

United States District Court D. Montana, Great Falls Division.

June 9, 1969.

Attorney(s) appearing for the Case

Leo Graybill, Jr., Gregory H. Warner, LaRue Smith, Jr., Great Falls, Mont., William E. Hunt, Chester, Mont., C. W. Leaphart, Jr., Helena, Mont., for plaintiffs.

William H. Coldiron, Corette, Smith, Dean & Wellcome, Butte, Mont., for defendants, The Montana Power Co., J. E. Corette, George W. O'Connor, W. W. Talbott, Richard Davenport and R. M. Ball.

OPINION AND ORDER

RUSSELL E. SMITH, Chief Judge.

It appears from the amended complaint that the defendant, The Montana Power Company, a public utility, proposes to construct a line for the transmission of electrical energy from Great Falls, Montana, to Cut Bank, Montana. It is in the process of condemning rights of way across the lands of some of the plaintiffs. Plaintiffs seek to enjoin the construction of the line and ask for damages in the sum of $50...

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