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CLAYTON BY MURPHY v. ATLANTIC RICHFIELD CO.

No. 85-453.

717 P.2d 558 (1986)

George CLAYTON, an incompetent person by Dorothy MURPHY, Guardian ad Litem, Plaintiff and Appellant, v. The ATLANTIC RICHFIELD COMPANY; the Butte, Anaconda and Pacific Railroad Co.; and Defendants A Through Z, Defendants and Respondents.

Supreme Court of Montana.

Decided April 22, 1986.

Attorney(s) appearing for the Case

Edward Yelsa, Anaconda, for plaintiff and appellant.

Poore, Roth & Robinson, James A. Poore, Jr., Butte, for defendants and respondents.

HARRISON, Justice.

This is an appeal from the District Court of the Second Judicial District of the State of Montana, for the County of Silver Bow. The appeal is from an order for summary judgment. We affirm.

The following facts are pertinent to this case.

The respondent (railroad) bought a right-of-way across property granted in 1892 to certain parties not essential to this lawsuit, on which were unpatented mining claims. The deeds were recorded in...

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