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MONTANA POWER CO. v. CAREY

No. 84-529.

700 P.2d 989 (1985)

The MONTANA POWER COMPANY, A Montana Corporation, Plaintiff, v. Martin CAREY, Walt Dutton, Jessie S. Felsheim, Susanne L. Huckaba, Mary Leavitt, et al., Defendants and Appellants, and In the Matter of the Application For BENEFICIAL WATER USE PERMIT NO. 24921-s41e by Remi & Betty Jo Monforton, Petitioners and Respondents.

Supreme Court of Montana.

Decided June 6, 1985.

Attorney(s) appearing for the Case

W. William Leaphart argued, John R. Kline, Helena, for Huckaba and Felsheim.

Moore, Rice, O'Connell & Refling; Perry J. Moore argued, Bozeman, for Monfortons.

Gough, Shanahan, Johnson & Waterman; K. Paul Stahl argued Ted Doney, Helena, amicus curiae, for Montana Power.

HARRISON, Justice.

This appeal arises from an order of the District Court of the First Judicial District of the State of Montana, in and for the County of Lewis and Clark, which denied attorney fees to Susanne Huckaba and Jessie S. Felsheim, appellants, under section 85-2-125, MCA.

Remi and Betty Jo Monforton (hereinafter Monfortons) applied to the Department of Natural Resources and Conservation (hereinafter DNRC) for a water use permit to appropriate water...

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