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Montana Trust Law
 
John James McFarland v. Dirk Kempthorne, etc.

Appellant John J. McFarland (McFarland) contends that the district court erred in granting the defendants’ motion for summary judgment. He asserts that he is entitled to an easement over Glacier Route 7 to access his property that is surrounded by Glacier National Park. Because McFarland cannot claim a common-law easement over federal land and because the National Park Service’s (Park Service)... More...   $0 (10-02-2008 - MT)

Williston Basin Interstate Pipeline Company v. An Exclusive Gas Storage Leasehold and Easement in the Cloverly Subterranean Geological Formation, etc.

Williston Basin Interstate Pipeline Company (Williston) claims that it has lost and is continuing to lose natural gas stored in its Elk Basin Storage Reservoir due to the operation of gas production wells owned by Howell Petroleum Corporation and Anadarko Petroleum Corporation (Howell/ Anadarko). Two of those wells are located within the lateral boundaries of Williston's storage reservoir, b... More...   $0 (05-10-2008 - MT)

John M. Phelps and John Phelps, P.C. v. Sean S. Frampton and Sean S. Frampton, P.C.

1 John M. Phelps and John M. Phelps, P.C. (collectively, "Phelps") appeal from the order and final judgment of the District Court for the Eleventh Judicial District, Flathead County, granting summary judgment in favor of Sean S. Frampton and Sean S. Frampton, P.C. (collectively, "Frampton") and dismissing Phelps's complaint on the merits with prejudice. We affirm.

2 The sole issue on appe... More...   $0 (10-22-2007 - MT)

Fidelity Exploration and Production Company v. United States of America, et al.

Fidelity Exploration & Production Co. seeks to quiet title to a portion of the bed of the Tongue River on which it holds oil and gas leases issued by the State of Montana, but to which the United States lays claim as trustee for the Northern Cheyenne Indian Tribe. The district court dismissed the action, brought under the Quiet Title Act (QTA), 28 U.S.C. § 2409a, for lack of jurisdiction ... More...   $0 (11-09-2007 - MT)

Antoinette Svaldi v. Anaconda-Deer Lodge County, and Anaconda School District No. 10

1 Antoinette Svaldi ("Svaldi") appeals from an order of the District Court for the Third Judicial District, Anaconda-Deer Lodge County, granting summary judgment in favor of the County, thereby dismissing her claim for severe emotional distress. We affirm.

2 We re-state and address the following issues raised by Svaldi on appeal:

3 1. Did the Anaconda–Deer Lodge County Attorney neglig... More...   $0 (02-14-2005 - MT)

Polar Bear Productions, Inc. v. Timex Corporation, et al.

This intellectual property case pits the sport of extreme kayaking against the iconic American timepiece, Timex. In an effort to update its image, Timex Corporation ("Timex") arranged with Polar Bear Productions ("Polar Bear") to produce film footage featuring some of the stars of whitewater kayaking, paddling through exotic locales in North and South America and using equipment bearing... More...   $115000 (10-28-2004 - MT)

Quantum Electric, Inc. v. Richard and Victoria Schaeffer, et al.

Appellants Richard and Victoria Schaeffer (Schaeffers) appeal an order of the Eleventh Judicial District Court, Flathead County, denying their motion to set aside the court's previous judgment. We reverse.

2 We address the following issue on appeal: Did the District Court err in concluding that the plaintiff's failure to comply with § 37-61-405, MCA, and Uniform District Court Rule 10 (Rule ... More...   $0 (02-24-2003 - MT)

Lewis A. Albert v. Erika Hastetter, etc.

1 Erika Hastetter (Hastetter) appeals the determination by the Seventh Judicial District Court, Richland County, that a roadway providing access to and egress from a half-section of pasture owned by Lewis A. Albert (Albert) is subject to a prescriptive easement, enuring to the benefit of Albert. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND 2 Albert acquired the following described half-sect... More...   $0 (06-11-2002 - MT)

Alvin K. Phillips, et al. v. General Motors Corporation

General Motors Corporation ("GM") appeals an order of the district court granting the intervenor, the Los Angeles Times, access to confidential settlement information produced by GM under a protective order during discovery in the underlying action. In ordering the documents released to the public, the district court determined (1) the protective order to prevent disclosure of this informatio... More...   $0 (10-16-2002 - MT)

Arthur L. McDonald, et al. v. Patti Means, et al.

This case arises from an accident on Route 5, a Bureau of Indian Affairs (“BIA”) road within the Northern Cheyenne Indian Reservation in Big Horn County, Montana. On the evening of May 2, 1998, Kale Means, a member of the Chey-enne Tribe and a minor, was seriously injured when his car struck a horse that had wandered onto Route 5. The horse belonged to Arthur L. McDonald, who oper... More...   $0 (08-14-2002 - MT)

Yarbo, Ltd. d/b/a Lake Mead Radiologist v. Missoula Federal Credit Union

1 Appellant Yarbro, Ltd., d/b/a Lake Mead Radiologists (Yarbro), appeals from the order of the Fourth Judicial District Court, Missoula County, granting summary judgment in favor of Respondent Missoula Federal Credit Union (MFCU) and denying Yarbro's motion for a change of venue. We affirm.

2 The following issues are dispositive:

3 1. Whether the District Court erred in granting summary... More...   $0 (07-03-2002 - MT)

Alice P. Kloss v. Edward D. Jones & Co., et al.

1 The Appellant, Alice P. Kloss, opened financial services accounts with the Defendants, Edward D. Jones & Co. and Paul Husted, in 1992 and 1998. The agreement between Kloss and Jones contained pre-dispute arbitration clauses. After Kloss filed a complaint in the District Court for the Eighth Judicial District in Cascade County in which she sought damages caused by Husted's wrongful conduct, Jo... More...   $0 (06-14-2002 - MT)

Alvin K. Phillips, et al. v. General Motors with Los Angeles Times, Intervenor

General Motors Corporation (“GM”) appeals an order of the district court granting the intervenor, the Los Angeles Times, access to confidential settlement information produced by GM under a protective order during discovery in the underlying action. In ordering the documents released to the public, the district court determined (1) the protective order to prevent disclosure of th... More...   $0 (05-13-2002 - MT)

Big Horn County Electric Cooperative, Inc., v. Denis Adams, et al.

The Crow Tribe enacted the Railroad and Utility Tax Code which assesses a 3% tax on the full fair market value of all "utility property" located on tribal or trust lands within the exterior boundaries of the Crow Reservation. Big Horn Electric Cooperative filed an action in federal district court against several tribal officials for injunctive and declaratory relief, contending that the Tribe exc... More...   $0 (07-14-2000 - MT)

Glacier Electric Cooperative v. Floyd Williams

Declaratory judgment action challenging the authority of the Blackfeet Tribal Court to exercise civil subject matter jurisdiction over plaintiff in an action pending in that court entitled Floyd Williams v. Glacier Electric Cooperative, Inc. Glacier Electric Cooperative sought a preliminary injunction to enjoin Floyd Williams from further prosecution of the Tribal Court action.

Williams moved... More...   $0 (11-22-1999 - MT)

Balyeat Law, P.C., et al. v. Jim R. Harrison, et al.

Trustee of Health Care Provider – Medical Bills – In 1994, Balyeat, acting as a trustee, filed a Complaint against the Harrisons in the Justice of Peace Court in Missoula County. In March 1995 the case was heard in Justice Court without a jury. Balyeat sought payment for medical care provided to the Harrisons' children by Missoula Community Hospital, Missoula Radiology, and Western Montana Patho... More...   $1057 (06-18-1999 - MT)


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