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PENLAND v. CITY OF MISSOULA

No. 9741.

318 P.2d 1089 (1957)

Gordon PENLAND, et al., Plaintiffs and Appellants, v. The CITY OF MISSOULA, a Montana Municipal Corporation, et al., Defendant and Respondents, and George R. Fahnestock, et al., Petitioners for Intervention.

Supreme Court of Montana.

Decided December 2, 1957.

Rehearing Denied December 27, 1957.

Attorney(s) appearing for the Case

Anthony F. Keast, Missoula, Mr. Leif Erickson and Jerrold R. Richards, Helena, for appellants.

Anthony F. Keast and Leif Erickson argued orally.

Fred W. Schilling, Missoula, argued orally, for respondents.

JACK R. LOUCKS, District Judge (sittig in place of Mr. Justice CASTLES, disqualified).

This is an appeal by the plaintiffs, Gordon Penland, a resident freeholder of certain land lying within Missoula County, Montana, and other resident freeholders similarly situated, from a judgment rendered by the District Court of the Fourth Judicial district of the State of Montana, in favor of the defendants, The City of Missoula, Montana, a municipal corporation, James A. Hart...

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