DeMERS v. RONCOR, INC.

No. 90-527.

814 P.2d 999 (1991)

James DeMERS and Doris Demers; Philip J. Poston and Shirley M. Poston; Edward J. Smosma, Thelma Ruth Smosma; Clyde I. Laufer and Alta Laufer, Plaintiffs and Appellants, v. RONCOR, INCORPORATED, Defendant and Respondent.

Supreme Court of Montana.

Decided July 2, 1991.


Attorney(s) appearing for the Case

James T. Harrison, Jr., Harrison, Loendorf & Poston, P.C., Helena, for plaintiffs and appellants.

William P. Driscoll and Ward A. Shanahan, Gough, Shanahan, Johnson & Waterman, Helena, for defendant and respondent.


GRAY, Justice.

The appellants, owners of lots in a subdivision known as Sapphire Village, appeal from the Opinion and Order of the District Court of the Tenth Judicial District, Judith Basin County, granting the respondent's motion to dismiss. We affirm.

The appellants raise three issues on appeal:

1. Whether the respondent is judicially estopped from barring the appellants access to hand mine on respondent's sapphire mining claims.

2. Whether...

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