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STATE v. STATE BOARD OF LAND COMMISSIONERS

No. 10152.

353 P.2d 331 (1960)

137 Mont. 510

STATE of Montana ex rel. Thomas W. HUGHES, Plaintiff, v. STATE BOARD OF LAND COMMISSIONERS of the State of Montana, J. Hugo Aronson, Forrest H. Anderson, Frank Murray, and Harriet E. Miller, as the members of the State Board of Land Commissioners, J. Hugo Aronson, as the President of the State Board of Land Commissioners, and Lou E. Bretzke as the Commissioner of State Lands and Investments and ex officio the Secretary of State Board of Land Commissioners, The State of Montana, and The Montana Power Company, a corporation, Defendants.

Supreme Court of Montana.

Decided June 17, 1960.

Attorney(s) appearing for the Case

Toomey & Hughes, Helena, for plaintiff. Edmond G. Toomey argued orally.

Forrest H. Anderson, Atty. Gen., William F. Crowley, First Asst. Atty. Gen., Corette, Smith & Dean, Sam B. Chase, Jr., Butte, for respondent. William F. Crowley, Samuel B. Chase, Jr., and Robert D. Corette, Butte, argued orally.

ANGSTMAN, Justice.

This is an action to enjoin the defendant Board of Land Commissioners from leasing to the defendant Montana Power Company certain described state lands for underground natural gas storage purposes, and to enjoin the Board from selling to the Montana Power Company the native gas remaining in the lands described.

The contract which the Board proposes to make, unless restrained, has the approval of the Attorney General, is set forth in the...

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