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WEINHEIMER v. SCOTT

No. 10665.

388 P.2d 790 (1964)

Ervin J. WEINHEIMER and Stella A. Weinheimer, Plaintiffs and Appellants, v. Lewis H. SCOTT and Katherine A. Scott, Defendants and Respondents.

Supreme Court of Montana.

Decided January 27, 1964.

Rehearing denied February 6, 1964.

Attorney(s) appearing for the Case

DeKalb, Mondale & Johnson, Robert L. Johnson (argued), Lewistown, for appellants.

J.E. McKenna, Donald E. Ronish (argued), Lewistown, for respondents.

CASTLES, Justice.

This matter comes on a "Motion for Damages and to Dismiss an Appeal." In addition, on an "Affidavit of Contempt" filed by respondents' counsel, the matter of contempt of court is before us.

The situation giving rise to this somewhat unusual proceeding is as follows as appears from affidavits of counsel and records of this court. In this court's Cause No. 10375, entitled Scott v. Weinheimer, 140 Mont. 554, 374 P.2d 91

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