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MADDEN v. NATURE CONSERVANCY

No. CV 92-30-M-CCL.

823 F.Supp. 815 (1992)

George R. MADDEN and Jean S. Madden, Plaintiffs, v. The NATURE CONSERVANCY, Defendant. The NATURE CONSERVANCY, Counterclaim Plaintiff, v. George R. MADDEN and Jean S. Madden, Counterclaim Defendants.

United States District Court, D.Montana, Missoula Division.

December 8, 1992.

Attorney(s) appearing for the Case

Patrick G. Frank, Worden, Thane & Haines, Missoula, MT, for plaintiffs.

Helena S. Maclay, Knight, Maclay & Masar, Missoula, MT, for defendant.

OPINION AND ORDER

LOVELL, District Judge.

Before the court are cross motions for judgment on the pleadings filed by Plaintiffs, George R. Madden and Jean S. Madden, and Defendant and Counterclaim Plaintiff, The Nature Conservancy. Both the complaint and the counterclaim in this case seek a declaratory judgment with respect to the validity of certain covenants and servitudes relative to the Shining Mountain Ranch located in Ravalli County, Montana.

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