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KYNETT v. NEW MINE SAPPHIRE SYNDICATE

No. 9991.

350 P.2d 361 (1960)

Ivan W. KYNETT, Executor of the Estate of Maude margaret Gadsden, Deceased, Plaintiff and Appellant, v. NEW MINE SAPPHIRE SYNDICATE, a corporation, Defendant and Respondent.

Supreme Court of Montana.

Decided March 17, 1960.

Rehearing denied April 6, 1960.

Attorney(s) appearing for the Case

Hoffman & Cure, Great Falls, Oscar O. Mueller, Lewistown, for appellant. Orin R. Cure argued orally.

Charles Davidson, Great Falls, E.K. Cheadle, Billings, argued orally for respondent.

CASTLES Justice.

This is an appeal from an order granting a new trial. The order, or orders, granting such trial was made under these circumstances. The cause was tried by the court without a jury on July 24, 1957, and judgment, that the plaintiff have and recover from the defendant the sum of $29,317.42 with interest thereon from April 5, 1954, was entered on May 21, 1958.

On May 28, 1958, notice of motion for new trial was filed by the defendant. The notice...

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