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GUNNIP v. CONTINENTAL OIL CO.

No. 85-321.

727 P.2d 1315 (1986)

Frank A. GUNNIP, Receiver of McDonald & Eide, Inc., a corp., Gene Huntley and Robert P. Schwinn, Plaintiffs and Appellants, v. CONTINENTAL OIL COMPANY, a corp., and Shell Oil Company, a corp., Defendants and Respondents.

Supreme Court of Montana.

Decided September 9, 1986.

Rehearing Denied December 9, 1986.

Attorney(s) appearing for the Case

Huntley & Fakin, Gene Huntley argued, Baker, for plaintiffs and appellant.

Moulton, Bellingham, Longo & Mather, William Bellingham, Billings, E.V. Gross argued, Houston, Tex., for Shell Oil.

Crowley Law Firm, Carolyn Ostby argued, Billings, for Continental Oil.

MORRISON, Justice.

Plaintiffs appeal the April 25, 1985, order of the Sixteenth Judicial District Court granting summary judgment in favor of defendants. We reverse and remand.

This action was brought by plaintiffs to secure an additional 1/8 of the proceeds from a producing oil well in Fallon County, Montana. The lease (Lease) in dispute covers the NW¼ of Section 8, Township 7 North, Range 60 East, and has been the subject of litigation twice previously...

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