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STATE v. FIRE DEPARTMENT RELIEF ASSOCIATION, ETC.

No. 10066.

355 P.2d 670 (1960)

STATE of montana, on the relation of Emily Mae Evans, by Dorothy Evans Hamry, her Guardian, Relator and Respondent, v. FIRE DEPARTMENT RELIEF ASSOCIATION OF the CITY OF BUTTE, Montana; Charles Abraham, President; Robert Sanders, Vice-President; James J. Leary, Secretary; William Byrne, Treasurer; Earl Casagranda; John Cavanaugh; William Duffy; J. Martin Hanley; William Lappin and John McCarthy, Respondents and Appellants.

Supreme Court of Montana.

Decided October 4, 1960.

Attorney(s) appearing for the Case

N.A. Rotering, Butte, argued orally, for appellant.

Earle N. Genzberger and Earl M. Genzberger, Butte, for respondent, Earl M. Genzberger argued orally.

CASTLES, Justice.

This is an appeal from a judgment of the district court in and for the county of Silver Bow directing the issuance of a peremptory writ of mandate. The case was submitted to the court below upon an agreed statement of facts.

The proceeding was instituted by the guardian of Emily Mae Evans, a minor child, and surviving daughter of Richard Orval Evans who was a member of the Butte Fire Department at...

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