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BENSON v. SCHOOL DISTRICT NO. 1 OF SILVER BOW COUNTY

No. 9908.

344 P.2d 117 (1959)

Hilda BENSON, Ethel Blomgren, Mabel Erickson, Sadie Erickson, Inga Hoem, Helen McGregor, Muriel Ralph, Myrtle Stewart, Respondents, v. SCHOOL DISTRICT NO. 1 OF SILVER BOW COUNTY, James Curtin, Newell Evans, John F. Kingston, Kevin L. Shannon, Harry Robinson, Robert W. Sparks, Thomas J. Stanisich, Constituting the Board of Trustees of Said School District No. 1, Butte Teachers Union, Local 332, American Federation of Teachers (AFL-CIO), Appellants, Montana Education Association and National Education Association of the United States, American Federation of Teachers, Montana State AFL-CIO, Interveners.

Supreme Court of Montana.

As Amended on Denial of Rehearing October 1, 1959.

Attorney(s) appearing for the Case

Maurice F. Hennessey, Robert J. Holland, Butte, Arnold H. Olsen, Helena, appeared and argued orally for appellants.

Wesley W. Wertz, Helena, Henry E. Butler, Jr., Washington, D.C., John Ligtenberg, Chicago, Ill., A.H. Lalime, Seattle, Wash., for interveners.

Frank Burgess, Butte, for respondents.

ANGSTMAN, Justice.

Plaintiffs brought this proceeding in mandamus and for a declaratory judgment to compel the defendant School District to enter into contracts with them and to require the issuance of salary warrants for the payment of the salary schedule designated under what is known as the "Master Agreement" made and entered into between the School District and the Teachers' Union. They also prayed for a declaratory judgment, declaring that the defendants have...

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