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McBROOM v. CITY OF POLSON

No. 9957.

349 P.2d 1023 (1960)

Clifford McBROOM, Plaintiff and Respondent, v. CITY OF POLSON, a Municipal Corporation, Sam P. Smith, Mayor of said City of Polson, John Davis, Leland Coons, Don Corrigan, Ronald Oldis, Harold Faunce and Ward E. Binkelman, members of the City Council of said City of Polson, and William Mitchell, Defendants and Appellants.

Supreme Court of Montana.

Decided March 8, 1960.

Attorney(s) appearing for the Case

R. H. Wiedman, Polson, for appellants.

F. N. Hamman, Polson, for respondent.

JAMES T. SHEA, District Judge, sitting in place of BOTTOMLY, Justice.

This suit, by a resident taxpayer of the City of Polson, was instituted to restrain and enjoin the defendants, City of Polson, its mayor and members of the city council from paying out city funds to the defendant, William Mitchell, and to enjoin and restrain the first named defendants from maintaining said Mitchell on the police force of said defendant City.

It may be gathered from the record...

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