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JERKE v. STATE DEPT. OF LANDS

No. 14366.

597 P.2d 49 (1979)

Albert JERKE, Plaintiff and Appellant, v. The STATE DEPARTMENT OF LANDS et al., Defendants and Respondents.

Supreme Court of Montana.

Decided March 2, 1979.

Attorney(s) appearing for the Case

Scribner, Huss & Mulroney, Helena, Lawrence D. Huss, argued, Helena, for plaintiff and appellant.

John North, argued, Helena, Charles W. Jardine, argued, Miles City, for defendants and respondents.

Carl M. Davis, Dillon, amicus curiae, for defendants and respondents.

HASWELL, Chief Justice.

Plaintiff appeals from an adverse judgment in an action to cancel a lease following a nonjury trial in the District Court of Lewis and Clark County.

The Prairie County State Grazing District was created pursuant to the Grass Conservation Act, section 46-2301 et seq. R.C.M. 1947, now section 76-16-101 et seq. MCA. In conserving Montana's rangeland resources, the Grazing District procures available land and allocates it to its members...

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