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MCCABE PET. CORP. v. EASE. AND RIGHT-OF-WAY

No. 03-452.

87 P.3d 479 (2004)

2004 MT 73

McCABE PETROLEUM CORPORATION, Plaintiff, v. EASEMENT AND RIGHT-OF-WAY ACROSS TOWNSHIP 12 NORTH, RANGE 23 EAST, PMM Sections 16-19, Fergus County, Montana, N Bar Ranch, LLC, and Unknown Owners, Defendants.

Supreme Court of Montana.

Decided March 26, 2004.

Attorney(s) appearing for the Case

For Plaintiff: Chris Mangen, Jr.; Crowley, Haughey, Hanson, Toole & Dietrich, Billings, Montana.

For Defendants: Barry O'Connell; Moore, O'Connell & Refling, Bozeman, Montana.

Chief Justice KARLA M. GRAY delivered the Opinion of the Court.

¶ 1 McCabe Petroleum Corporation filed an action in the United States District Court for the District of Montana seeking to condemn an access easement and right-of-way across lands owned by N Bar Ranch, LLC. Pursuant to Rule 44, M.R.App.P., the United States District Court certified two questions of Montana law to us, which we restate as follows:

¶ 2 1. Is exploration and development...

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