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GERARD v. MERCER

No. 525.

62 F.Supp. 28 (1945)

GERARD et al. v. MERCER et al.

District Court, D. Montana.

June 7, 1945.

Attorney(s) appearing for the Case

S. J. Rigney, of Cut Bank, Mont., for plaintiffs.

J. N. Thelen and George E. Hurd, both of Great Falls, Mont., for John N. Thelen et ux. and another.

Lloyd A. Murrills, of Cut Bank, Mont., for Sherburne Mercantile Co.

Wilbur P. Werner and John J. Greene, both of Cut Bank, Mont., and Louis P. Donovan, of Shelby, Mont., for Glacier County, Mont.

Murch & Wuerthner, of Great Falls, Mont., for E. J. Lander Co.

H. C. Hall, of Great Falls, Mont., for W. H. Mercer et ux.

PRAY, District Judge.

Motions to dismiss the complaint in the above entitled cause on the part of the several defendants therein named are now before the Court for consideration, on briefs submitted by counsel for the respective parties.

Serious questions have been raised and ably presented by counsel for both sides, requiring examination by the Court of many statutes and authorities to determine the merits of the several objections to the sufficiency of the...

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