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HEHN v. OLSON

No. 10134.

358 P.2d 431 (1960)

John HEHN and Mrs. J.W. Robson, also known as Veva M. Robson, Plaintiffs and Respondents, v. Amos M. OLSON, John A. Dix, C.F. Anderson, Gerald W. Wolff, F.N. Schiff, Kenneth H. Harstad, and Mrs. Anton Konig, as members of the Board of Trustees of Dawson County High School, and as members of High School Building District No. One; Vada Taylor, as Clerk of the Board of Trustees of Dawson County High School, and as Clerk of High School Building District No. One; Frank N. Schultz, John J. Ming and Don Gibson, as County Commissioners of Dawson County, Montana, a public corporation, and political subdivision of the State of Montana; J.L. Stark, as County Assessor for Dawson County, Montana, a public corporation and political subdivision of the State of Montana, and Olga Einarson, as County Treasurer for Dawson County, Montana, a public corporation and political subdivision of the State of Montana, Defendants and Appellants.

Supreme Court of Montana.

Decided December 30, 1960.

Attorney(s) appearing for the Case

Russell C. McDonough, Glendive, argued orally for appellants.

Thomas J. Cavanaugh, Glendive, for respondents. Michael J. Hughes, Helena, argued orally.

BOTTOMLY, Justice.

This is an appeal from the judgment and amended judgment entered in the above-entitled cause in favor of plaintiffs and against defendants, in the district court of the seventh judicial district of the State of Montana, in and for Dawson County High School Building District No. One bond election held on September 19, 1959, in which judgment and decree the district court ordered:

"It is ordered, adjudged and decreed that the Defendants, their...

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