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STANFORD v. ROSEBUD COUNTY

No. 91-204.

822 P.2d 1074 (1991)

Edward B. STANFORD, Neal A. Stanford, and Beth Stanford, Plaintiffs and Appellants, v. ROSEBUD COUNTY, Montana, a political subdivision, Boyd Kincheloe and Mavis Kincheloe, his wife, Lee A. Adams, Melvin A. Muri and Clementine Muri, his wife, E.L. Grebe and Caroline Grebe, his wife, Donald McSweyn, Oil Resources, Inc., Richard C. Hoefle, Robert A. Meek, Earl M. Cranston, Sivert O. Mysse, Jr., et al., Defendants, Respondents, and Cross-Appellants.

Supreme Court of Montana.

Decided December 16, 1991.

Rehearing Denied January 9, 1992.

Attorney(s) appearing for the Case

James P. Healow argued; Sweeney & Healow, Billings, Joseph W. Sabol argued, Bozeman, for plaintiffs and appellants.

Robert C. Smith argued; John J. Cavan; Cavan, Smith, Grubbs & Cavan, Billings, for defendants, respondents and cross-appellants.

McDONOUGH, Justice.

This is an appeal from the judgment of the Sixteenth Judicial District, Rosebud County. The parties to the appeal are: the Stanfords (appellants), Earl M. Cranston and Richard C. Hoefle (appellants), and Boyd and Mavis Kincheloe (respondents). The District Court granted summary judgment whereby an oil, gas and other minerals royalty, whose title remains in dispute, was awarded: 88.889% to the Kincheloes, 5.555% to Hoefle and 5.556% to Cranston...

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