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RASE v. CASTLE MOUNTAIN RANCH, INC.

No. 80-92.

631 P.2d 680 (1981)

Gordon RASE, Jim Woodard et al., Plaintiffs and Respondents, v. CASTLE MOUNTAIN RANCH, INC., Defendants and Appellants.

Supreme Court of Montana.

Decided July 2, 1981.

Attorney(s) appearing for the Case

Gough, Shanahan, Johnson & Waterman, Helena, Ward Shanahan, argued, Helena, for defendants and appellants.

Poore, Roth, Robischon & Robinson, Butte, James Poore, argued, and Urban Roth, argued, Butte, for plaintiffs and respondents.

SHEEHY, Justice.

Both sides appeal from a judgment entered by the Third Judicial District Court, Powell County, imposing a constructive trust for more than 40 cabin sites at Rock Creek Lake in Powell County, on real property now owned by Castle Mountain Ranch, Inc., successor to Ward Paper Box Company (Ward).

The cabin sites which surround Rock Creek Lake abut 15 or 20 miles from Deer Lodge, Montana, were owned until 1972 by Rock Creek Irrigation, Inc., a...

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