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CITY OF ROUNDUP v. LIEBETRAU

No. 9514.

327 P.2d 810 (1958)

The CITY OF ROUNDUP, a Municipal Corporation, Plaintiff and Appellant, v. Frank E. LIEBETRAU, American Surety Company, a CORP., et al., Defendants and Respondents.

Supreme Court of Montana.

Decided February 14, 1958.

Rehearing Denied August 6, 1958.

Attorney(s) appearing for the Case

W. S. Mather, Roundup, Ralph J. Anderson and Stanley P. Sorenson, Helena, W. S. Mather, Roundup, and Ralph J. Anderson, Helena, argued orally, for appellant.

DeKalb, Dockery & Symmes, Lewistown, for respondent. Weymouth D. Symmes, Billings and Raymond E. Dockery, Lewistown argued orally.

CASTLES, Justice.

This is an appeal by the plaintiff City of Roundup, hereinafter referred to as the City, from a judgment dismissing the complaint with prejudice and granting to the defendants their costs.

This case arises out of the operation by the appellant City of Roundup of two war housing projects under lease from the Federal Government. The action was originally commenced against Chester L. Waltermire, Frank Liebetrau, American Surety Company, a corporation...

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