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GRASS CK. OIL CO. v. MUSSELSHELL COUNTY

No. 9338.

307 P.2d 241 (1957)

GRASS CREEK OIL & GAS COMPANY, a corporation, and G.J. Jeffries, as Executor of the Last Will and Testament of Elmer Hinton, Deceased, Plaintiffs and Appellants, v. MUSSELSHELL COUNTY, Montana, J.A. Freibert, et al., and The Texas Company, a corporation, Defendants and Respondents.

Supreme Court of Montana.

Rehearing Denied March 1, 1957.

Attorney(s) appearing for the Case

G.J. Jeffries, Roundup Mr. W.B. Leavitt, Miles City, H.C. Hall, Great Falls, G. J. Jeffries and H. C. Hall, argued orally, for appellant.

W.S. Mather, Roundup, Ralph J. Anderson, Helena, J.M. Watts, County Atty., Thomas M. Ask, County Atty., Thomas M. Ask, County Atty., Roundup, Ralph J. Anderson and Thomas M. Ask, County Atty., Roundup, for respondents.

ANGSTMAN, Justice.

This action is one to remove clouds on five and one-half per cent royalty and mineral interest in and under the S½ of the SW ¼ and the NE ¼ of the SW ¼, and to three per cent royalty interest in the W½ of the SE ¼ of Section 24, Township 10 North, Range 26 East, in Musselshell County.

In controversy here is Musselshell County's claim to two and one-half per cent royalty and mineral interest in the SW ¼...

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