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ALLEN v. SMYLIE

No. 10113.

452 P.2d 343 (1969)

92 Idaho 846

Frank J. ALLEN, Plaintiff-Appellant, v. Robert E. SMYLIE, Louis E. Clapp, Allan Shepard, Attorney General, Joe Williams, State Auditor, and Delmer F. Engelking, Superintendent of Public Instruction, as State Board of Land Commissioners, and O.J. Buxton, Commissioner of the Department of Lands, and Monsanto Company, a corporation, Defendants-Respondents.

Supreme Court of Idaho.

March 18, 1969.

Attorney(s) appearing for the Case

Givens & Givens, Boise, for appellant.

Allan G. Shepard, Atty. Gen., and Warren Felton, Asst. Atty. Gen., Boise, Hawley, Troxell, Ennis & Hawley, Boise, Senior & Senior, Salt Lake City, Utah, for respondents.

PRATHER, District Judge.

This case concerns the validity of certain phosphate mineral leases of school lands granted by the State of Idaho to respondent Monsanto Company in 1958 for a term of ten years. Leases for five year terms were originally issued to Monsanto in 1948, under I.C. § 47-704, which then read, so far as pertinent, as follows:

"All mineral leases of state school land shall be for a period of five years, upon condition that at the end...

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