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McSWEYN v. MUSSELSHELL COUNTY, MONT.

No. 80-82.

632 P.2d 1095 (1981)

Donald McSWEYN, Plaintiff and Respondent, v. MUSSELSHELL COUNTY, MONTANA, Hougen Land, Inc., a Montana Corporation, Defendants and Appellants.

Supreme Court of Montana.

Decided August 10, 1981.

Attorney(s) appearing for the Case

John Pratt, argued, County Atty., Roundup, Moulton, Bellingham, Longo & Mather, Billings, Sidney Thomas, argued, Billings, for defendants and appellants.

Holmstrom, Dunaway & West, Billings, Robert Holmstrom, argued, Billings, for plaintiff and respondent.

WEBER, Justice.

This is an appeal by the defendants from a judgment of the District Court, Fourteenth Judicial District, Musselshell County, declaring certain oil and gas leases owned by the plaintiff, Donald McSweyn, to be valid. We reverse the judgment of the District Court.

Defendants raise these issues on appeal:

1. Where the provisions of a contract for deed between Musselshell County and A.D. Shields, containing a 2½ percent mineral reservation...

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