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RAMBUR v. DIEHL LUMBER COMPANY

No. 10701.

391 P.2d 1 (1964)

MR. and Mrs. Leo RAMBUR, MR. and Mrs. Albert Avery, and Joe Sherick, Plaintiffs and Appellants, v. DIEHL LUMBER COMPANY, Inc., Defendant and Appellee.

Supreme Court of Montana.

Decided April 7, 1964.

Attorney(s) appearing for the Case

Goldman & Jordan, Missoula, Lee Jordan, (argued), for appellants.

Garlington, Lohn & Robinson, Missoula, Sherman V. Lohn, (argued), for respondent.

JAMES T. HARRISON, Chief Justice.

This is a purported appeal from the district court of Sanders County, Montana.

The certified transcript on appeal in this cause shows that the district court made an order on October 2 and filed on October 3, 1963, sustaining defendant's consolidated motions to dismiss and ordering the action dismissed with prejudice.

On October 21, 1963, plaintiffs gave notice of appeal "from the Judgment filed and entered in the...

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