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FARLEY v. BOOTH BROS. LAND & LIVESTOCK CO.

No. 94-343.

890 P.2d 377 (1995)

Beulah FARLEY, as an individual and as power of attorney for others; and Armells Land and Cattle Co., a Montana corporation, Plaintiffs and Respondents, v. BOOTH BROTHERS LAND AND LIVESTOCK COMPANY, a Colorado corporation, and Western Energy Company, a Montana corporation, Defendants and Appellants.

Supreme Court of Montana.

Decided February 14, 1995.

Attorney(s) appearing for the Case

Scot Schermerhorn, Freeman & Schermerhorn, Billings, for appellants.

Gary G. Broeder, Billings, R. Sam Oldenburg, Karowsky, Witwer, Miller & Oldenburg, Greeley, CO, for respondents.

NELSON, Justice.

This is an appeal from a Sixteenth Judicial District Court, Rosebud County, Memorandum and Opinion as well as Supplemental Memorandum and Opinion, concluding that Western Energy Company (Western) should be making its payments under the leases at issue, to Booth Brothers Land and Livestock Company (Booth). We affirm.

ISSUES

The following are issues on appeal:

I. Is scoria a mineral...

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