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LEISCHNER v. KNIGHT

No. 9880.

337 P.2d 359 (1959)

Clarence LEISCHNER and Merle Johns, Plaintiffs and Appellants, v. Earle KNIGHT and William J. Fry, Jr., Mayor and Clerk, respectively, of the City of Billings, et al., Defendants and Respondents.

Supreme Court of Montana.

Decided February 26, 1959.

Rehearing Denied April 16, 1959.

Attorney(s) appearing for the Case

Mouat & Overfelt, Lee Overfelt, Billings, argued orally, for appellants.

James F. Battin, City Atty., Billings for respondent.

CASTLES, Justice.

This suit was brought by appellants, plaintiffs below, as taxpayers and representatives of others similarly situated (plumbing contractors in the City of Billings) to enjoin the respondents, defendants below, including the City of Billings as a municipal corporation and public utility, from doing certain work in connection with installing new water "services" for customers of the city water system. The district court received evidence, both oral...

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