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WINCHELL v. STATE, DEPT. OF STATE LANDS

No. 89-292.

785 P.2d 212 (1990)

Thomas J. WINCHELL and David Winchell, Plaintiffs and Appellants, v. STATE of Montana, DEPARTMENT OF STATE LANDS, Defendants and Respondents.

Supreme Court of Montana.

Decided January 16, 1990.

Attorney(s) appearing for the Case

Thomas E. Smith, Moulton, Bellingham, Longo & Mather, Billings, for plaintiffs and appellants.

John F. North, Lyle Manley, Tommy Butler and Richard Thweatt, Dept. of State Lands, Helena, for defendants and respondents.

HUNT, Justice.

Appellants, Thomas J. (Tom) and David Winchell, leased land from the Department of State Lands (Department). Following the Department's cancellation of their lease and the Board of Land Commissioners' adoption of that decision, the Winchells petitioned for judicial review in the Seventh Judicial District Court, Dawson County. The District Court affirmed the decision. The Winchells appeal to this Court. We affirm.

The sole issue raised on appeal...

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