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BENSON v. DIEHL

No. 86-385.

745 P.2d 315 (1987)

Robert W. BENSON and Margaret Benson Greene, Individually and Robert W. Benson, as Personal Representative of the Estate of Clara Worthen Benson, Plaintiffs and Appellants, v. George W. DIEHL and Elizabeth Diehl; the Diehl Ranch Company, a corp., and the Diehl Company, A Montana corp., the heirs of George W. Padbury; W.T. McCullough; and Kaizer Cement and Gypsum Corp., et al., Defendants and Respondents.

Supreme Court of Montana.

Decided August 21, 1987.

Rehearing Denied December 2, 1987.

Attorney(s) appearing for the Case

Morrison Law Offices; Frank Morrison, Sr. argued, Helena, Robert M. Peterson argued, Boulder, for plaintiffs and appellants.

Gough, Shanahan, Johnson & Waterman, Ward A. Shanahan argued, Helena, for Kaiser Cement and Gypsum Corp.

Harrison, Loendorf & Poston, James T. Harrison, Jr., Helena, for Diehl.

Hughes, Kellner, Sullivan & Alke, John L. Alke, Helena, for McCullough.

HARRISON, Justice.

Plaintiffs appeal from the order of the Fifth Judicial District in and for Jefferson County, Montana, granting defendants' motion for summary judgment. We affirm the order of the District Court.

The plaintiffs/appellants, Bensons, instituted a quiet title action to approximately 120 acres in Jefferson County. The record owner of the property, both surface and mineral rights, is the defendant, Kaiser. The property was acquired from Diehl...

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