No. DA 07-0072.

199 P.3d 241 (2008)

2008 MT 447

348 Mont. 12

SOMONT OIL COMPANY, INC., a Montana corporation, Plaintiff and Appellant, v. A & G DRILLING, INC., Cavalier Petroleum, Inc., Estate of A.G. Walls, a/k/a Joe Walls, by and through Janus Walls, Personal Representative, John Walls, and Stewart Howell, all d/b/a C-W Joint Venture a/k/a Cavalier-Walls Joint Venture, Defendants and Appellees.

Supreme Court of Montana.

Decided December 30, 2008.

Attorney(s) appearing for the Case

For Appellant: Gregory J. Hatley and James A. Donahue, Davis, Hatley, Haffeman & Tighe, Great Falls, Montana.

For Appellees: Douglas C. Allen and Richard L. Beatty, Attorneys at Law, Shelby, Montana.

Justice JOHN WARNER delivered the Opinion of the Court.

¶ 1 This is the third appeal in this case. It began in 1998 when Somont Oil Company, Inc. (Somont) filed suit to quiet its leasehold interest in twenty-eight oil and gas leases located in the Kevin/Sunburst field in Toole County. Somont alleged that its top leases were valid and enforceable to the exclusion of C-W's leases on the same property because production had ceased. After the litigation commenced...

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