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HAWLEY v. BOARD OF OIL AND GAS CONSERVATION

No. 98-316.

993 P.2d 677 (2000)

2000 MT 2

Merrill S. HAWLEY and Carol Hawley, husband and wife and partners in Hawley Oil, formerly doing business as Hawley Oil Company and Ted Hawley Company, Hawley Hydrocarbons and Hawley Northrup, Montana Partnerships; Kim Hawley and Wad Hawley, Individually and doing business as Gallup City Oil Company, a Montana Partnership, Plaintiffs and Respondents, v. BOARD OF OIL AND GAS CONSERVATION, Department of Natural Resources and Conservation, State of Montana, David W. Ballard and Thomas P. Richmond, Defendants and Appellants.

Supreme Court of Montana.

Decided January 6, 2000.

Attorney(s) appearing for the Case

Joseph P. Mazurek, Attorney General; Robert M. Gentry, Assistant Attorney General, Natural Resource Damage Program, Helena, Montana, For Appellants.

Kim M. Hawley, Pro Se, Conrad, Montana, For Respondents.

Justice W. WILLIAM LEAPHART delivered the Opinion of the Court.

¶ 1 This is an appeal by the Board of Oil and Gas Conservation, Department of Natural Resources and Conservation, (the "Board") from an order of the Ninth Judicial District Court, Pondera County, vacating the Board's September 4, 1997 administrative Order (hereafter Board Order No. 104-97) and October 1, 1997, Order to Terminate Production Operations in wells being operated by Respondents, Merrill...

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