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SHAW v. CITY OF KALISPELL

No. 9967.

340 P.2d 523 (1959)

Frank N. SHAW, Frederick F. Metcalf, Bernard Horstman, Schuyler C. Rhone, Thomas Storie and Myron L. Gohn, on behalf of themselves and all others similarly situated, Plaintiffs and Respondents, v. CITY OF KALISPELL, Montana, a municipal corporation, Claude Walter, as Mayor thereof, W. L. Carlisle, Walter S. Young, Frank B. Hallis, James Gustin, Harry Fisher, Dr. Harrison D. Huggins, T. C. Harmon and Richard Vick, as Aldermen and City Council thereof, and H. J. Hunt, as City Clerk thereof, Defendants and Appellants.

Supreme Court of Montana.

Decided June 3, 1959.

Attorney(s) appearing for the Case

Merritt N. Warden, Kalispell, for appellants.

James A. Cumming, Columbia Falls, for respondents.

CASTLES, Justice.

This is an action for an injunction brought by the six named plaintiffs against the City of Kalispell, its mayor, aldermen, and clerk, in connection with a special improvement district created for the purpose of participating with the Montana Highway Department and United States Bureau of Public Roads in the improving, widening and reconstruction of sections of U.S. Highway No. 2 and U.S. Highway No. 93, within the boundaries of the City of Kalispell...

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