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TEXAS PACIFIC COAL & OIL CO. v. STATE

No. 8982.

234 P.2d 452 (1951)

TEXAS PACIFIC COAL & OIL CO. v. STATE, et al. WILLIAMS, et al. v. STATE, et al.

Supreme Court of Montana.

July 24, 1951.

Attorney(s) appearing for the Case

Arnold H. Olsen, Atty. Gen., Patrick J. Gilfeather, Sp. Asst. Atty. Gen., Charles V. Huppe, Asst. Atty. Gen., for appellant.

Toomey, McFarland & Wagner, and Edmond G. Toomey, all of Helena, Eugene T. Adair, Fort Worth, Tex., for plaintiff and respondent.

Ralph J. Anderson, Helena, James E. Murphy, Kalispell, Mont., for intervenors.

Ralph J. Anderson, Helena, amicus curiae.

W. W. LESSLEY, District Judge (sitting in place of BOTTOMLY, J., disqualified).

Texas Pacific Coal and Oil Company, a corporation, plaintiff, brought this suit in equity in the district court of Toole county, against the state of Montana, its board of land commissioners, and others, defendants, seeking an injunction and to quiet plaintiff's leasehold title to oil and gas deposits under some 560 acres of school land located in section 36, township 35 north, range 2...

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