Legal Opinion

Avista Corp. v. Sanders County

District Court, D. Montana

Decided March 19, 2007No. CV 05 201 M JCLPublishedCited by 1 opinion

1Opinion of the Court

ORDER

LYNCH, United States Magistrate Judge.

At issue in this litigation is ownership of a former railroad right of way established under the Northern Pacific Land Grant Act of 1864. . The parties have filed cross-motions for summary judgment, which are fully briefed. Following a hearing, and the Court’s review of the briefs and other materials of record,

IT IS ORDERED that the individual Defendants’ motion for summary judgment is GRANTED, and the Plaintiffs motion for summary judgment is DENIED.

RATIONALE

I. Background

The parties do not dispute the following material facts. In 1864, Congress…

2Cases cited12 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Community for Creative Non-Violence v. ReidSupreme Court of the United States · 1989
  4. Chicago & North Western Transportation Co. v. Kalo Brick & Tile Co.Supreme Court of the United States · 1981
  5. Northern Pacific Railway Co. v. TownsendSupreme Court of the United States · 1903

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3Cited by1 opinion

  1. Estate of Glowdena B. Finnigan v. United StatesDistrict Court, D. Montana · 2019

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