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FLOYD v. CITY OF BUTTE

No. 10972.

412 P.2d 823 (1966)

Robert L. FLOYD and Opal Floyd, his wife, Dr. John S. Floyd, et al., Plaintiffs and Appellants, v. CITY OF BUTTE, a Municipal Corporation, Defendant and Respondent.

Supreme Court of Montana.

Decided March 14, 1966.

Rehearing denied April 25, 1966.

Attorney(s) appearing for the Case

Poore, Poore, McKenzie & Roth, Robert A. Poore (argued), Butte, for appellant.

William N. Geagan, City Atty. (argued), M.F. Hennessey, Asst. City Atty., Butte, for City of Butte.

CASTLES, Justice.

This is an appeal from a judgment of dismissal entered on a motion to dismiss an amended complaint.

Plaintiffs, appellants here, owned an apartment building located at the intersection of West Park and Clark Streets in Butte. The defendant City of Butte operates, maintains and repairs an underground public sewage and storm system under Clark Street and bordering the plaintiff's property just east of the east boundary and apartment building...

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