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CHRISTIAN v. A.A. OIL CORPORATION

No. 12230.

506 P.2d 1369 (1973)

Gordon CHRISTIAN and Lorene Christian, his wife, Plaintiffs and Respondents, v. A.A. OIL CORPORATION, a corporation, Defendant, and Robert E. BYRNE, Defendant and Appellant. Robert E. BYRNE, Cross-Complainant and Appellant, v. A.A. OIL CORPORATION, a corporation, Gordon Christian and Lorene Christian, Cross-Defendants and Respondents.

Supreme Court of Montana.

Submitted January 22, 1973.

Attorney(s) appearing for the Case

Nelson & Kalbfleisch, Shelby, James A. Nelson argued, Shelby, for appellant.

Aronow, Anderson & Beatty, Shelby, Robert G. Anderson argued, Shelby, Church, Harris, Johnson & Williams, Great Falls, Douglas C. Allen argued, Great Falls, for respondents.

HASWELL, Justice:

Plaintiff landowners, Gordon and Lorene Christian, brought this action to quiet title to separate oil and gas leases owned by A.A. Oil Corporation and Robert E. Byrne, defendants. This appeal is from a judgment in the district court of Toole County by the Hon. R.D. McPhillips, district judge, sitting without a jury. Judge McPhillips found A.A. Oil's 1741.64 acre lease valid, subject to a top lease on the same lands in favor of Robert E. Byrne;

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