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ANDERSON v. RICHLAND COUNTY

No. 85-52.

711 P.2d 784 (1985)

Carl E. ANDERSON, Marjorie J. Anderson, Carrie M. Burch, Conrad E. Brower, Charles M. Anderson and Barbara Shern Plaintiffs and Appellants, v. RICHLAND COUNTY, a local Government in the State of Montana, Defendant and Respondent.

Supreme Court of Montana.

Decided December 17, 1985.

Attorney(s) appearing for the Case

Olsen, Christensen, Gannett & Waller, Paul G. Olsen, Billings, for plaintiffs and appellants.

Victor G. Koch, argued, Co. Atty., Sidney, for defendant and respondent.

James McCann, Roosevelt Co. Atty., Mont. County Attorney's Assoc., Wolf Point, for amicus curiae.

WEBER, Justice.

The plaintiffs brought an action to quiet title to 6 1/4% royalty interest claimed in the production of oil and gas from a fractional section of Richland County land. Based on stipulated facts, the Richland County District Court quieted title in Richland County to the royalty interests. The plaintiffs appeal. We affirm the judgment of the District Court on a different theory than that expressed by that court...

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