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WHITCOMB v. HELENA WATER WORKS COMPANY

No. 10484.

382 P.2d 822 (1963)

Edmund WHITCOMB et al., Plaintiffs, v. The HELENA WATER WORKS COMPANY et al., Defendants Intervenors and Cross-Complainants.

Supreme Court of Montana.

Decided June 5, 1963.

Attorney(s) appearing for the Case

Floyd O. Small (argued orally), Robert T. Cummins, Michael Chilton, City Atty. (argued orally), Helena, for appellant.

Loble & Picotte, Henry Loble (argued orally), Gene Picotte, and Conrad Fredricks, Helena, for respondent.

CASTLES, Justice.

This matter comes on a motion to dismiss on appeal. The plaintiffs W.J. Harrer & Sons, Inc., Frank J. Schatz and Edna R. Schatz moved this court on February 20, 1963, for a dismissal of the appeal of the defendant City of Helena. The appeal had been taken from what was entitled an interlocutory judgment, in the District Court of Lewis and Clark County, made and entered by Judge W.W. Lessley on April 4, 1962.

The interlocutory judgment...

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