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WINCHELL v. MONTANA DEPT. OF STATE LANDS

No. 93-311.

865 P.2d 249 (1993)

David WINCHELL, Petitioner and Respondent, v. MONTANA DEPARTMENT OF STATE LANDS and Board of Land Commissioners, Respondents and Appellants.

Supreme Court of Montana.

Decided December 7, 1993.

Rehearing Denied January 20, 1994.

Attorney(s) appearing for the Case

Lon J. Maxwell, Sp. Asst. Atty. Gen., Dept. of State Lands, Helena, for respondents and appellants.

Lorraine A. Schneider, Simonton, Howe & Schneider, Glendive, for petitioner and respondent.

NELSON, Justice.

Respondents/Appellants appeal from an order of the Seventh Judicial District Court, Dawson County, denying their Motion to Alter or Amend Judgment. We affirm in part and reverse in part.

We state the dispositive issues on appeal as follows:

1. Is the petitioner entitled to an evidentiary hearing after the respondents refused to consider his bid for a state land lease?

2. Can an unincorporated...

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