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MONTANA EASTERN PIPE LINE COMPANY v. SHELL OIL COMPANY

Civ. No. 206.

216 F.Supp. 214 (1963)

MONTANA EASTERN PIPE LINE COMPANY, a corporation, Plaintiff, v. SHELL OIL COMPANY, a corporation, Fidelity Gas Company, a corporation, Montana-Dakota Utilities Company, a corporation, etc., Defendants.

United States District Court D. Montana, Billings Division.

March 29, 1963.

Attorney(s) appearing for the Case

E. K. Cheadle, Billings, Mont., and Martin & Young, Baker, Mont., for plaintiff.

Raymond Hildebrand, Glendive, Mont., Armin M. Johnson, Minneapolis, Minn., and C. N. Wagner, Denver, Colo., for defendants.

JAMESON, District Judge.

Defendants have moved for summary judgment pursuant to Rule 56(b), F.R. Civ.P. The relevant facts have been stipulated, and the parties in their respective briefs are in essential agreement in their statements of fact. The issues arise in the conclusions to be drawn from these facts and supporting documents.

Plaintiff brought this action to quiet title to two United States Government oil and gas leases covering lands in Fallon

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