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TREASURE COUNTY v. MOUNTAIN STATES CLAY PRODUCTS

No. 9354.

313 P.2d 1028 (1957)

TREASURE COUNTY, Montana, a Body Politic and Corporate, Plaintiff and Respondent, v. MOUNTAIN STATES CLAY PRODUCTS, Inc., a Corporation, Defendant and Appellant.

Supreme Court of Montana.

Decided July 29, 1957.

Attorney(s) appearing for the Case

H.G. Young and Russell K. Fillner, Forsyth, Russell K. Fillner, argued orally for appellant.

Forrest H. Anderson, Atty. Gen., E.E. Fenton, former County Atty., and John A. Forsythe, County Atty., Hysham, John A. Forsythe, County Atty., argued orally, for respondent.

HARRISON, Chief Justice.

This suit was initiated by Treasure County as plaintiff to quiet its title to certain lands lying within its boundaries.

A lease was originally issued on the contested lands on September 1, 1943, to John Berggren, who is now an officer and director of the defendant, Mountain States Clay Products, Inc., for a primary term of three years "and as long thereafter as bentonite shall be produced and marketed from said lands in commercial...

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