O'BRIEN v. ROSS

No. 10708

394 P.2d 1013 (1964)

Walter R. O'BRIEN, Plaintiff and Appellant, v. Donna ROSS, as County Treasurer of Judith Basin County, Montana, Charles A. Loberg, Acting as Deputy County Treasurer of Judith Basin County, Montana, Edward B. Holzfaster, Rudolph Larson and Arnold Haack, as the Board of County Commissioners of Judith Basin County, Montana, a body politic and one of the subdivisions of the State of Montana, Defendants and Respondents.

Supreme Court of Montana.

August 26, 1964.


Attorney(s) appearing for the Case

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

Paul J. Murphy, County Atty. (argued), Stanford, for respondent.


DOYLE, Justice.

Appeal from a judgment rendered in the district court, Judith Basin County, dismissing plaintiff's complaint with prejudice.

The facts of this case are that plaintiff, appellant herein, was, during the years 1959 to 1960, a rancher and resident of Fergus County, Montana. During that period the plaintiff either owned, leased or controlled about 4,000 acres of land situate in Judith Basin County, approximately 2,000 acres of which were devoted...

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