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SEIFFERT v. POLICE COMM'N OF HELENA

No. 10729.

394 P.2d 172 (1964)

144 Mont. 52

Roy E. SEIFFERT, Petitioner and Respondent, v. The POLICE COMMISSION OF the CITY OF HELENA, State of Montana, and Fred P. Pfeiffer, James F. Neely, and Michael J. Hughes, constituting the members of said Police Commission, Respondents and Appellants, and The City of Helena, et al., Respondents and Appellants.

Supreme Court of Montana.

Decided July 17, 1964.

Attorney(s) appearing for the Case

Michael G. Chilton, City Atty., Helena, for appellants.

Lloyd J. Skedd, Helena, for respondent.

PER CURIAM.

In this cause a motion to dismiss the appeal was filed by the respondent on the ground that the appellants failed to perfect their appeal within six months after entry of judgment.

It appears that judgment was entered on December 17, 1963; a notice of appeal was filed in the district court on December 30, 1963, but no service thereof was made upon the respondent. On June 23, 1964, respondent served on appellants and filed in this court his motion...

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