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WOOD v. CITY OF KALISPELL

No. 9788.

310 P.2d 1058 (1957)

Merton and Berdina WOOD, et al., Plaintiffs and Respondents, v. CITY OF KALISPELL, et al., Defendants and Appellants.

Supreme Court of Montana.

Decided May 6, 1957.

Rehearing Denied May 31, 1957.

Attorney(s) appearing for the Case

Mr. Merrit N. Warden, Kalispell, for appellant.

Haswell & Heckathorn, Whitefish, Frank I. Haswell, Whitefish, argued orally, for respondents.

CASTLES, Justice.

This is an appeal from a judgment and decree declaring a special improvement district null and void and enjoining the defendants perpetually from further proceedings in connection therewith.

Plaintiffs, some sixty-nine in number, filed suit against the City of Kalispell, its mayor, councilmen and city clerk asking that an improvement district be declared null and void and that the defendants be enjoined from proceeding with the creation of...

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