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THOMPSON v. MATTUSCHEK

No. 9754.

333 P.2d 1022 (1959)

Paul E. THOMPSON, Plaintiff and Respondent, v. Otto MATTUSCHEK and Frank Mattuschek, Defendants and Appellants.

Supreme Court of Montana.

Decided January 9, 1959.

Rehearing Denied January 28, 1959.

Attorney(s) appearing for the Case

Hall, Alexander & Kuenning, Great Falls, for appellant. Edward C. Alexander, Great Falls, argued orally.

DeKalb, Dockery & Mondale, Lewistown, for respondent. Raymond E. Dockery and H. Leonard DeKalb, Lewistown, argued orally.

CASTLES, Justice.

This is an appeal from a judgment entered on a verdict of a Fergus County jury awarding the plaintiff $1,400 compensatory damages, together with $2,500 punitive damages in a trespass action. A motion for new trial was made and denied.

The plaintiff resides in Winifred. The defendants, brothers, live on their respective homesteads, each having acquired substantial ranching properties. At the close of plaintiff's case in chief, the defendant...

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