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RYAN MERCANTILE CO. v. GREAT NORTHERN RAILWAY CO.

No. 17161.

294 F.2d 629 (1961)

RYAN MERCANTILE COMPANY, a corporation, Appellant, v. GREAT NORTHERN RAILWAY COMPANY, a corporation, Appellee.

United States Court of Appeals Ninth Circuit.

August 30, 1961.

Attorney(s) appearing for the Case

Anderson, Symmes, Forbes, Peete & Brown, Billings, Mont., Weymouth D. Symmes, Billings, Mont., of counsel, for appellant.

Weir, Gough & Booth, by Edwin S. Booth, Ward A. Shanahan and Cordell Johnson, Helena, Mont., for appellee.

Before CHAMBERS and HAMLIN, Circuit Judges, and FOLEY, District Judge.

HAMLIN, Circuit Judge.

On July 22, 1954, the Great Northern Railway Company, a Minnesota corporation, leased to the Ryan Mercantile Company, a Montana corporation, certain real property located in Great Falls, Montana. The lease was to run for a term of twenty years, and the property leased is described in the written instrument as follows:

"2. Lease: "(A) Premises: "(1) Great Northern leases, lets, and demises to Ryan those certain

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