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LIEN v. MURPHY CORP.

No. 82-204.

656 P.2d 804 (1982)

O.A. LIEN and Blue Ox Corporation, a Corporation, Plaintiffs and Appellants, v. MURPHY CORPORATION, a Corporation, Defendant and Respondent.

Supreme Court of Montana.

Decided December 16, 1982.

Rehearing Denied January 27, 1983.

Attorney(s) appearing for the Case

Goetz, Madden & Dunn, James Goetz argued, Bozeman, for plaintiffs and appellants.

Robert J. Emmons argued, Great Falls, for defendant and respondent.

MORRISON, Justice.

Defendant, Murphy Corporation (Murphy) filed a Rule 41(b), M.R.Civ.P., motion for summary judgment January 11, 1982, in the Fifteenth Judicial District Court. The court granted defendant's motion April 27, 1982. Plaintiffs (Blue Ox) now appeal the summary judgment.

In August 1952, Murphy began hydrocarbon exploration and production activities on land, a portion of which was later purchased by Blue Ox for farming purposes. Pipes used in Murphy...

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