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JACKSON v. BURLINGTON NORTHERN INC.

No. 83-87.

667 P.2d 406 (1983)

Alice E. JACKSON, et al., Plaintiffs and Respondents, v. BURLINGTON NORTHERN INC., et al., Defendant and Appellant, and The State of Montana, Intervenor and Respondent.

Supreme Court of Montana.

Decided July 21, 1983.

Attorney(s) appearing for the Case

Gary H. Peterson argued, Englewood, Colo., for defendant and appellant.

Habedank, Cumming & Best, Sidney, Thomas R. Halvorson argued, Sidney, for plaintiffs and respondents.

David Woodgerd, Sp. Asst. Atty. Gen., argued, Helena, for intervenor and respondent.

MORRISON, Justice.

The Seventh Judicial District Court, in and of the State of Montana, entered an order quieting title to certain property situated in Richland County, Montana, in plaintiffs, Alice E. Jackson, et al., (the Jacksons). Defendant Burlington Northern, Inc., (BN) appeals. We affirm.

A question of first impression is presented to this Court, viz., whether a severed mineral estate bordering a navigable waterway is subject to the doctrines of accretion...

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