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GRAY v. BOHART

No. 9620.

312 P.2d 529 (1957)

Frank M. Gray and Shirley Gray, Plaintiffs and Appellants, v. Seth F. BOHART, Administrator of the Estate of J.D. Burrows, Deceased, et al., Defendants and Respondents.

Supreme Court of Montana.

Decided June 5, 1957.

Attorney(s) appearing for the Case

E. A. Peterson, Bozeman, and E. K. Cheadle, Billings, argued orally for appellant.

Seth F. Bohart, Bozeman, argued orally for respondent.

J. H. Morrow, Jr., and Arthur F. Thompson, Bozeman, argued amici curiae.

HARRISON, Chief Justice.

This matter has been before this court on two previous occasions. The first was a petition for writ of mandate, which was denied in Cause No. 9507, State ex rel. Gray v. District Court, 128 Mont. 621, 278 P.2d 1005, on January 22, 1955. This was followed by an appeal from the judgment which appeal was dismissed in Cause No. 9518, Bohart v. Gray, 128 Mont. 622, 279 P.2d 698, on February 8, 1955. On May 6, 1955...

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