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DEPT. OF STATE LANDS v. ARMSTRONG

No. 91-337.

824 P.2d 255 (1992)

The MONTANA DEPARTMENT OF STATE LANDS, Plaintiff and Appellant, v. Jerry D. ARMSTRONG, et al., Defendants, Respondents and Cross-Appellants.

Supreme Court of Montana.

Decided January 7, 1992.

Attorney(s) appearing for the Case

Tommy H. Butler, Dept. of State Lands, Helena, for plaintiff and appellant.

W.H. Bellingham, Moulton, Bellingham, Longo & Mather, Billings, for Tom Brown, Inc., et al.

Craig D. Martinson, Veeder & Broeder, Billings, for Maguire Oil Co.

Gregory Paul Johnson, Billings, for Benjamin Minerals.

Kemp Wilson, Crowley Law Firm, Billings, for Tenneco Oil Co.

Kenneth R. Neill, Larsen & Neill, Great Falls, Loren J. O'Toole, O'Toole & Hunt, Plentywood, for respondents.

McDONOUGH, Justice.

Montana Department of State Lands appeals from an order of the Seventh Judicial District, Richland County, in favor of defendants Jerry D. Armstrong, et al. We reverse.

We frame the issues on appeal as:

1. Whether the District Court erred in finding the Missouri River's migration into the West half of Section 9, Township 26 North, Range 59 East, was caused by avulsion.

2. Whether...

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