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LEDBETTER v. CITY OF GREAT FALLS

No. 8882.

213 P.2d 246 (1949)

LEDBETTER v. CITY OF GREAT FALLS, et al.

Supreme Court of Montana.

Decided December 5, 1949.

Rehearing Denied January 18, 1950.

Attorney(s) appearing for the Case

Murch & Werthner, Great Falls, for appellant.

Clarence W. Murch, Great Falls, Julius J. Wuerthner, Great Falls argued orally.

William Scott, Jr., Great Falls, for respondents.

R.J. Nelson, County Attorney, Great Falls, argued orally.

Patrick J. Gilfeather, Great Falls, and Edward C. Alexander, Great Falls, amici curiae on petition for rehearing only.

FREEBOURN, Justice.

This is an appeal from an order of the district court of the eighth judicial district of the state of Montana, in and for the county of Cascade, sustaining defendant's demurrer to plaintiff's amended complaint and entering judgment for costs in favor of defendant.

On March 30, 1948, plaintiff filed his amended complaint, the essential allegations of which are: The corporate capacity of defendant...

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