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BROOKS v. BROOKS PONTIAC, INC.

No. 10596.

389 P.2d 185 (1964)

James BROOKS, Plaintiff and Appellant, v. BROOKS PONTIAC, INC., a Corporation, and Union Bank & Trust Company of Helena, a Banking Corporation, Defendants and Respondents.

Supreme Court of Montana.

February 11, 1964.

Attorney(s) appearing for the Case

John C. Hoyt, Great Falls, Stanley P. Sorenson, Helena (argued), Charles E. Snyder, Helena, for appellant.

Luxan & Scribner, Walter S. Murfitt, Helena, A. W. Scribner, Helena (argued), for respondents.

CASTLES, Justice.

This is an appeal from a judgment dismissing plaintiff's complaint. The appeal is on the judgment roll.

Plaintiff first filed a complaint in the name of Brooks Pontiac, Inc., as its President against the Union Bank and Trust Co. The Board of Directors of Brooks Pontiac, Inc., voted to discontinue the action and refused to prosecute the same.

Subsequently plaintiff filed an amended complaint in his own name against Brooks Pontiac,...

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