The Landowners Consideration Association, Etc., et al., Plaintiffs and Appellants, v. the Montana Power Company, Etc., et al., Appellees, 439 F.2d 722 (9th Cir. 1971)

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US Court of Appeals for the Ninth Circuit - 439 F.2d 722 (9th Cir. 1971) April 13, 1971
Rehearing Denied May 14, 1971

Appeal from the United States District Court for the District of Montana; Russell E. Smith, Judge.

Gregory Warner (argued), of Graybill, Graybill & Ostrem, Great Falls, Mont., for appellants.

Kendrick Smith (argued), of Corette, Smith, Dean & Wellcome, Butte, Mont., Church, Harris, Johnson & Williams, Great Falls, Mont., for appellees.

Before CHAMBERS and DUNIWAY, Circuit Judges, and McNICHOLS, District Judge.


The power line over land acquired by eminent domain (or threat of its use) has now been built. The plaintiff-appellants have been denied a role in planning the power line and facilities.

The appeal is dismissed as moot.

For a statement of the facts, see the district court opinion, Landowners Consideration Assn. v. Montana Power Co., 300 F. Supp. 54. See also Montana Power Company v. Bokma, 153 Mont. 390, 457 P.2d 769.