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STATE v. STATE BORAD OF LAND COMMISSIONERS

No. 9577.

307 P.2d 234 (1957)

STATE of montana, ex rel. Hardie N. Strandberg, Relator and Respondent, v. STATE BOARD OF LAND COMMISSIONERS, et al., Defendants and Appellants.

Supreme Court of Montana.

Decided February 14, 1957.

As Amended on Denial for Rehearing March 1, 1957.

Attorney(s) appearing for the Case

Forrest H. Anderson, Atty. Gen., and William F. Crowley, Asst. Atty. Gen., for appellant.

Leif Erickson, Helena, John L. McKeon, Anaconda, and Jerrold R. Richards, Helena, for respondent.

Loble & Loble, Gene A. Picotte, Helena, (Arnold H. Olsen and Henry Loble, Helena, argued orally), amici curaie.

ANGSTMAN, Justice.

This action was brought to enjoin defendants from confirming and approving oil and gas leases on four separate tracts of state lands on the basis of a 16 2/3 per cent royalty.

The complaint alleges in substance that there were bids made on the lands calling for 16 2/3 per cent royalty and also bids calling for 12½ per cent royalty. There were separate bids on each of the four tracts of land. The bids in the aggregate were as follows...

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