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RYAN MERCANTILE CO. v. GREAT NORTHERN RAILWAY CO.

Civ. No. 2104.

186 F.Supp. 660 (1960)

RYAN MERCANTILE COMPANY, Plaintiff, v. GREAT NORTHERN RAILWAY COMPANY, Defendant.

United States District Court D. Montana, Great Falls Division.

August 31, 1960.

Attorney(s) appearing for the Case

Anderson, Symmes, Forbes, Peete & Brown, Billings, Mont., for plaintiff.

Weir, Gough & Booth, and Ward A. Shanahan, Helena, Mont., for defendant.

JAMESON, District Judge.

This is an action for declaratory judgment, in which both parties have moved for summary judgment. There is no issue of fact, and the determination of the case depends upon the construction of a lease agreement between Ryan Mercantile Company and Great Northern Railway Company.

The lease agreement is included in a carefully drawn instrument, twenty-one pages in length, entitled "Agreement to Lease, Remodel, Sell and Buy". It is divided...

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