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STOUT v. REITER

No. 14540.

595 P.2d 1167 (1979)

Edward G. STOUT and Bonita L. Stout, Plaintiffs and Respondents, v. Herman REITER and Doreen O. Reiter, Defendants and Appellants.

Supreme Court of Montana.

Decided May 30, 1979.

Rehearing Denied July 5, 1979.

Attorney(s) appearing for the Case

Mouat & Martinson, Billings, William G. Mouat argued, Billings, for defendants and appellants.

Moulton, Bellingham, Longo & Mather, Billings, R.H. Bellingham argued, Billings, Morrow, Sedivy & Olsen, Bozeman, James H. Morrow argued, Bozeman, for plaintiffs and respondents.

HARRISON, Justice.

Plaintiffs, the Stouts, brought this action in the District Court of the Thirteenth Judicial District, Yellowstone County, to enjoin defendants, the Reiters, from using certain irrigation ditches and from entering upon plaintiffs' property for the purpose of using the ditches. Defendants counterclaimed seeking to enjoin plaintiffs from interfering with defendants' right to use the ditches. The case, which was tried before the Honorable Robert H...

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