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DIETRICH v. CITY OF DEER LODGE

No. 8975.

218 P.2d 708 (1950)

DIETRICH v. CITY OF DEER LODGE et al.

Supreme Court of Montana.

Decided May 10, 1950.

Rehearing denied June 7, 1950.

Attorney(s) appearing for the Case

Murphy, Garlington & Pauly, Missoula, J.M. Dietrich, Jr., Deer Lodge, for appellant.

J. M. Dietrich, Jr., Deer Lodge, and H. C. Pauly, Missoula, argued the case orally for appellant.

S. P. Wilson, Deer Lodge, for respondents.

S. P. Wilson, Deer Lodge, argued the case orally for respondents.

Arnold H. Olsen, Atty. Gen., and Robert L. Word, Jr., Special Asst. Atty. Gen., argued the case amici curiae.

METCALF, Justice.

Suit in equity to enjoin the sale of bonds of the city of Deer Lodge, Montana, in the amount of $40,000. Upon the filing of the complaint the district court of Powell county issued a temporary restraining order against defendants and directed that, on a day certain, they show cause why the injunctive order should not be made permanent. Defendants interposed a general demurrer to the complaint and a motion to quash the injunctive order. Both the demurrer...

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