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SCHELL v. PETERS

No. 10922.

410 P.2d 152 (1966)

Robert W. SCHELL and Mary Ann Schell, Plaintiffs and Respondents, v. Julius C. PETERS, Mary E. Smith, John Doe One, and John Doe Two, Defendants and Appellants.

Supreme Court of Montana.

January 7, 1966.

Attorney(s) appearing for the Case

Howard C. Burton, Great Falls, H. William Coder (argued), Great Falls, for appellants.

Randall Swanberg (argued), Great Falls, Swanberg, Koby & Strope, Great Falls, for respondents.

JAMES T. HARRISON, Chief Justice.

This is an appeal by defendants-appellants Julius C. Peters, Mary E. Smith, Sixto Custado and Country Club Tower Corporation from an order of the District Court of the Eighth Judicial District of the State of Montana, County of Cascade, granting plaintiffs-respondents' motion for summary judgment in an action for trespass, and leaving for determination by jury the sole question of damages.

The claim involves an apartment owned...

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