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RADER v. NICHOLLS

No. 10319.

373 P.2d 312 (1962)

Arthur C. Rader, Plaintiff and Appellant, v. T.E. NICHOLLS; T.E. Nicholls, Ras Hanson and John E. Krauss, as Members of the Board of county Commissioners of Madison County, and Madison County, Montana, Defendants and Respondents.

Supreme Court of Montana.

Decided July 11, 1962.

Rehearing denied August 1, 1962.

Attorney(s) appearing for the Case

Mahan & Mahan, Helena, Thomas Mahan (argued orally), Helena, for appellant.

Poore, Poore & McKenzie, Butte, Urban L. Roth (argued orally), Butte and Chester L. Jones, Virginia City, for respondents.

JAMES T. HARRISON Chief Justice.

This is an appeal from a judgment of the district court of Madison County granting defendants' motion for nonsuit, dismissing the action, and awarding costs to the defendants.

The named defendants in this action were T.E. Nicholls; T.E. Nicholls, Ras Hanson, and John E. Krauss, as members of the Board of County Commissioners of Madison County, Montana; and Madison County, Montana. For purposes of simplicity they will be referred...

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