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MILLER v. SCHROCK

No. 9822.

340 P.2d 154 (1959)

G. A. MILLER and J. H. Hawkins, individually and as co-partners, d/b/a Kalispell Lumber Company, Plaintiffs and Appellants, v. Frances R. SCHROCK, Board of County Commissioners of Flathead County, and Valley Oil and Service Company, Defendants and Respondents.

Supreme Court of Montana.

Decided June 2, 1959.

Rehearing Denied June 24, 1959.

Attorney(s) appearing for the Case

Forrest C. Rockwood and Robert C. Sykes, Kalispell, for appellant. Forrest C. Rockwood argued orally.

James E. Murphy, Calvin S. Robinson, Robert Jasperson, Kalispell, for respondent. James E. Murphy and Robert Jasperson argued orally.

BOTTOMLY, Justice.

This is an appeal from a judgment of the district court dismissing the complaint of the plaintiffs after general demurrers to the complaint had been sustained.

The facts. The defendant Schrock, and some fifteen other persons, petitioned the county commissioners of Flathead County, Montana, to close that part of Idaho Street as particularly described in plaintiffs' complaint. After receiving the petition the county commissioners, deeming...

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