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PLATH v. HI-BALL CONTRACTORS, INC.

No. 10175.

362 P.2d 1021 (1961)

Fred C. PLATH, C.H. Barney and A.A. Healow, County Commissioners for Yellowstone County, Montana, Plaintiffs and Appellants, v. HI-BALL CONTRACTORS, INC., A Montana Corporation, Defendant and Respondent.

Supreme Court of Montana.

Decided June 12, 1961.

Petition for Clarification of Opinion Denied July 18, 1961.

Attorney(s) appearing for the Case

William J. Speare, County Atty., C.W. Jones, Deputy County Atty., Billings, for appellants. C.W. Jones argued orally.

Anderson, Symmes, Forbes, Peete & Brown, Billings, for respondent. Jerome Anderson, Billings, argued orally.

CASTLES, Justice.

This is an appeal by the Yellowstone County Commissioners from the judgment of dismissal after an order of the district court sustaining a demurrer to their complaint. The Commissioners had filed a complaint seeking a permanent injunction against the defendant Corporation to restrain it from continuing alleged unlawful activities under a certain county zoning ordinance.

The complaint, after alleging the status of the parties, set up sections...

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