PARK CTY., MONTANA v. UNITED STATES

No. CV-76-125-BLG.

454 F.Supp. 1 (1978)

PARK COUNTY, MONTANA, and Sweet Grass County, Montana, political subdivisions of the State of Montana, Plaintiffs, v. UNITED STATES of America, Acting By and Through the SECRETARY OF AGRICULTURE and the Forest Supervisor of the Gallatin National Forest, and all other persons, known or unknown, claiming or who might claim any right, title, estate or interest in, or lien or encumbrance upon the real property described in the Complaint, or any part thereof, adverse to the plaintiffs' ownership, or any cloud upon the plaintiffs' title thereto, whether such claim or possible claim be present or contingent, including any claim or possible claim of dower, inchoate or accrued, or elective share of a surviving spouse, Defendants, Cross Creek Protective Association, Defendant-Intervenor.

United States District Court, D. Montana, Billings Division.

March 20, 1978.


Attorney(s) appearing for the Case

Conrad B. Fredricks, Sp. Deputy County Atty., Big Timber, Mont., for Sweet Grass County Atty. Kenneth R. Olson, and Park County Atty. Jack C. Yardley, plaintiffs.

Roy E. Murray, Asst. U. S. Atty., Butte, Mont., for defendants.

James H. Goetz, Goetz & Madden, Bozeman, Mont., for defendant-intervenor.


MEMORANDUM AND ORDER

BATTIN, District Judge.

The plaintiff counties have filed an action seeking to quiet title to certain lands located within the boundaries of the Gallatin National Forest. The land in question is a purported road right-of-way alleged to have been established by a survey conducted in 1893. The road supposedly established a route from Chimney Rock Pass, generally following what has now been designated as Forest Service Trail No. 184, to...

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