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HEIDLEBAUGH v. KORN

No. 12189.

498 P.2d 1195 (1972)

C.P. HEIDLEBAUGH, Jr., Plaintiff and Appellant, v. Daniel J. KORN et al., Defendants and Respondents.

Supreme Court of Montana.

Submitted April 17, 1972.

Attorney(s) appearing for the Case

Graybill, Graybill, Ostrem & Warner, Great Falls, John V. Barron, argued, Great Falls, for plaintiff-appellant.

Schmidt, Gilbert & Jungers, Fort Benton, Korn, Warden, Walterskirchen & Christiansen, G.C. Schmidt, Jr., argued, Fort Benton, Roglin, Hash & O'Brien, Kalispell, for defendants-respondents.

JOHN C. HARRISON, Justice.

This is an action under the Montana Uniform Declaratory Judgments Act, sections 93-8901 through 93-8916, R.C.M. 1947, seeking to adjudge the rights of parties under a farm lease. Motions for summary judgment were filed by all parties to the action and on October 7, 1971, the district court of the eighth judicial district, county of Chouteau, Judge Paul G. Hatfield presiding, entered judgment in favor of the defendant Daniel J. Korn, executor...

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