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BAROVICH v. CITY OF MILES CITY

No. 9797.

340 P.2d 819 (1959)

John BAROVICH, Plaintiff and Appellant, v. CITY OF MILES CITY, a municipal corporation; Custer County, a body politic and corporate; Sig Ugrin, Airport Manager, Defendants and Respondents. M. A. SMITH, Plaintiff and Appellant, v. CITY OF MILES CITY, a municipal corporation; Custer County, a body politic and corporate; Sig Ugrin, Airport Manager, Defendants and Respondents.

Supreme Court of Montana.

Decided June 18, 1959.

Attorney(s) appearing for the Case

Colgrowe & Brown, Hugh J. Lemire, Miles City, Hugh J. Lemire, Miles City, argued orally, for appellants.

John R. Carr, Miles City, Coleman, Lamey & Crowley, Billings, James P. Lucas, Miles City, for respondents. Cale J. Crowley, Billings, argued orally.

CASTLES, Justice.

This is a consolidated appeal from two judgments on identical complaints to which demurrers were sustained, appellants refused to plead further; and judgments were entered on the demurrers dismissing the actions.

The amended complaints alleged that the appellants, while practicing night landings in an airplane, collided with an unmarked and unlighted windrow of sand some distance beyond the edge of the runway of an airport operated jointly...

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