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MONT. MIN. PROP. v. ASARCO, INC.

No. 94-394.

893 P.2d 325 (1995)

MONTANA MINING PROPERTIES, INC., a Montana corporation, Plaintiff and Appellant, v. ASARCO, INC., a New Jersey corporation, Dennis R. Washington, Montana Resources, Inc., a Montana corporation, and Montana Resources, a General Partnership, Defendants and Respondents.

Supreme Court of Montana.

Decided April 11, 1995.

Attorney(s) appearing for the Case

R.D. Corette, John T. Johnston, Corette, Pohlman, Allen, Black & Carlson, Butte, for appellant.

Ronald B. MacDonald, Darla J. Keck, Datsopoulos, MacDonald & Lind, Missoula, for respondents.

NELSON, Justice.

Plaintiff and Appellant, Montana Mining Properties (hereinafter MMP), appeals from a decision and order of the Second Judicial District Court, Silver Bow County, granting Defendants' and Respondents' Dennis R. Washington, Montana Resources, Inc. and Montana Resources, a general partnership (hereinafter Washington), motion for summary judgment. We reverse and remand for trial.

MMP raises four issues on appeal, however, we shall only address...

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