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HURLEY v. NORTHERN PACIFIC RAILWAY COMPANY

No. 11527.

455 P.2d 321 (1969)

Mildred S. HURLEY, Gary D. Hurley, Michael D. Hurley, John James Hurley and Stanley Hurley, Plaintiffs and Respondents, v. NORTHERN PACIFIC RAILWAY COMPANY, a corporation, Defendant and Appellant.

Supreme Court of Montana.

Rehearing Denied June 13, 1969.

Attorney(s) appearing for the Case

Crowley, Kilbourne, Haughey, Hanson & Gallagher, George C. Dalthorp (argued), Billings, for appellant.

Hughes & Bennett, Helena, Gene Huntley (argued), Baker, for respondents.

JAMES T. HARRISON, Chief Justice.

This is an appeal by defendant railway company from an adverse judgment entered on a jury verdict in Fallon County district court.

The plaintiffs, Mildred S. Hurley, Gary D. Hurley, Michael D. Hurley, John James Hurley and Stanley Hurley, own the surface rights to Section 7, Township 8 North, Range 60 East, M.P.M. situate approximately seven miles north of Baker, Fallon County, Montana. The defendant owns the mineral rights...

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