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CONTINENTAL OIL v. ELKS NAT. FOUNDATION

No. 88-331.

767 P.2d 1324 (1989)

CONTINENTAL OIL COMPANY, a corporation, Petitioner, v. ELKS NATIONAL FOUNDATION, a legal entity; Floyd R. Young; Chad Randall Young, by his guardian Sherry L. Young; Joshua Lee Young, by his guardian Sherry L. Young; Michael Edwin Maxwell, by his guardian Shirley G. Johnson; Corinna Nell Mexwell, by her guardian Shirley G. Johnson; Lois E. LaRue Riggins; Sherry L. Young; James Byrd; Joseph Edwin Maxerll, Jr.; Betty Wilson; Mary Jo Byrd; Thomas A. Larson and Gene Huntley, Respondents.

Supreme Court of Montana.

Decided January 25, 1989.

Rehearing Denied February 22, 1989.

Attorney(s) appearing for the Case

Chris Mangen, Jr., argued, Carolyn Ostby, Crowley, Haughey, Hanson, Toole & Dietrich, Billings, for petitioner.

Gene Huntley, argued, Baker, for respondents.

James L. Sandall, Billings, for amicus curiae Frank A. Gunnip and Robert P. Schwinn.

W.H. Bellinghan, Billings, for Shell Oil Co.

WEBER, Justice.

This is an application for a writ of supervisory control under Rule 17, M.R.App.P. It follows a summary judgment by the District Court for the Sixteenth Judicial District, Fallon County, which adjudicated the ownership of the working interest in an oil and gas lease. We accept supervisory control and reverse the judgment of the District Court.

The issue is whether this Court should issue a writ of supervisory control to determine the extent...

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