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LOWE v. O'CONNER

No. 12330.

515 P.2d 677 (1973)

Wayne LOWE et al., Plaintiffs and Appellants, v. Robert D. O'CONNER, contractor, Defendant and Respondent.

Supreme Court of Montana.

Decided November 1, 1973.

Rehearing Denied November 28, 1973.

Attorney(s) appearing for the Case

Mulroney, Delaney & Dalby, Missoula, Stephen H. Dalby and John O. Mudd, argued, Missoula, for plaintiffs and appellants.

Tipp, Hoven & Brault, Missoula, Raymond P. Tipp, argued, Missoula, for defendant and respondent.

CASTLES, Justice.

Plaintiffs brought this action in the district court of the fourth judicial district, county of Missoula, to recover employee benefit contributions from defendant Robert D. O'Conner as a member of the Missoula Construction Council. Defendant denied membership in the Missoula Construction Council and the cause was submitted on stipulated facts. The district court, sitting without a jury, entered a judgment that plaintiffs take nothing by the complaint...

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