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CENTRAL MONTANA STOCKYARDS v. FRASER

No. 9739.

320 P.2d 981 (1957)

CENTRAL MONTANA STOCKYARDS, a corporation, Plaintiff and Respondent, v. R. B. FRASER and Rosabelle Fraser, Defendants, and E.C. Clark et al., Defendants and Appellants.

Supreme Court of Montana.

Decided December 19, 1957.

Rehearing Denied February 17, 1958.

Attorney(s) appearing for the Case

Howard C. Gee, Lewistown, G.J. Jeffries, Roundup, argued orally for appellants.

DeKalb, Dockery & Symmes, Lewistown; Weymouth Symmes, Billings, and H. Leonard DeKalb, Lewistown, argued orally for respondent.

ADAIR, Justice.

This is an appeal from a final judgment entered on a preliminary hearing in an action in interpleader brought by Central Montana Stockyards, a corporation, as plaintiff, against the defendants, R.B. Fraser, Rosabelle Fraser, E.C. Clark, Grace Clark, Evan Owens and Zada Owens.

This is the fifth separately numbered proceeding to be filed in the Supreme Court since April 1954, involving some particular phase or outgrowth of an action at law, district...

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