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McGAFFICK v. LEIGLAND

No. 9341.

303 P.2d 247 (1956)

George McGAFFICK, Plaintiff and Respondent, v. H.M. LEIGLAND, et al., Defendants and Respondents, except as to Leigland Company, Appellant, and Northwestern National Bank of Minneapolis, Defendant and Respondent. H.M. LEIGLAND, et al., Cross-Complainants and Appellants, v. George McGaffick, et al., Cross-Defendants and Respondents, and Northwestern National Bank of Minneapolis, Cross-Defendant and Respondent.

Supreme Court of Montana.

Decided November 1, 1956.

Attorney(s) appearing for the Case

Swanberg & Swanberg, Great Falls, Randall Swanberg, argued orally, for appellant.

Ralph J. Anderson and Mr. Stanley P. Sorenson, Helena, Ralph J. Anderson, argued orally, for Mr. & Mrs. Geo. McGaffick.

Gunn, Rasch & Gunn, Mr. H.J. Luxan, Jr., and Thomas P. Patterson, Helena, Thomas P. Petterson, argued, orally, for Union Bank & Trust Co.

Loble & Loble and Gene A. Picotte, Helena, Henry Lobel, argued orally, for Northwestern Bank of Minneapolis.

PHILIP C. DUNCAN, District Judge:

This is an appeal from a declaratory judgment entered in the district court determining the rights of the plaintiff, George McGaffick, and numerous others, under the terms of a written contract for remodeling plaintiff's office building.

Two separate motions to dismiss the appeal have been interposed by various respondents. Such motions challenge the sufficiency of the service of the notice of appeal, the sufficiency of the...

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