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STATE v. CITY OF BUTTE

No. 10644

394 P.2d 753 (1964)

STATE ex rel. Hrold KONEN and Angela Konen, on behalf of themselves and all Other persons similarly situated, Relators and Respondents, v. The CITY OF BUTTE, Montana, a Municipal Corporation, et al., Respondents and Appellants.

Supreme Court of Montana.

Decided August 13, 1964.

Attorney(s) appearing for the Case

William N. Geagan (argued), Maurice Hennessey, Butte, for appellants.

Thomas F. Kiely (argued), Thomas Joyce (argued), Butte, for respondents.

CASTLES, Justice.

This is an appeal by the City of Butte from a judgment of the district court issuing a peremptory writ of mandamus requiring the City to find that a majority of the resident freeholders had protested the annexation proceeding and to cease and desist from enforcing the resolution of annexation and to cease and desist from exercising any jurisdiction over the annexed area.

The protestants who filed this action through the relators are respondents...

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