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Eldorado Co-Op Canal Co. v. Lower Teton Joint Objectors

Supreme Court of Montana

November 5, 2013

ELDORADO CO-OP CANAL CO., Claimant and Appellee,
v.
LOWER TETON JOINT OBJECTORS, et. al., Objectors and Appellants, and PATRICK SAYLOR, Intervenor and Appellee

ORDER

Lower Teton Joint Objectors, et al., have filed a notice of appeal from an order entered by the Water Court of the State of Montana on June 5, 2013. The Water Court entered an order on October 4, 2013, certifying the June 5 order as a final judgment for purposes of appeal pursuant to M. R. Civ. P. 54(b). Pursuant to M. R. App. P. 4(4)(b), this notice of appeal come before us for a determination of whether "the certification complies with M. R. Civ. P. 54(b) and rule 6(6)" and for issuance of a corresponding order "allowing the appeal to proceed." While the parties arguing for and against certification both offered that judicial economy will be furthered under their respective positions, we agree with the Water Court that the case was properly certified at this time. Therefore,

IT IS HEREBY ORDERED, pursuant to M. R. App. P. 4(4)(b), that the appeal in DA 13-0709 shall proceed in accordance with the Montana Rules of Appellate Procedure.

The Clerk of this Court is directed to provide copies of this Order to all counsel of record and to the Honorable Russ McElyea, Water Court Judge.


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