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LOWE v. FLANK OIL CO.

No. 10636.

398 P.2d 604 (1965)

Howard R. LOWE and John R. Lynn, Plaintiffs and Respondents, v. FLANK OIL CO., a Corporation, Defendant and Appellant.

Supreme Court of Montana.

January 8, 1965.

Attorney(s) appearing for the Case

Hall, Alexander & Kuenning, Great Falls, John C. Hall (argued), Great Falls, for appellant.

Lamey, Crowley, Kilbourne, Haughey & Hanson, Anderson, Symmes, Forbes, Peete & Brown, Billings, Frisbee & Moore, Cut Bank, M.J. Thomas, Jr., Billings, John P. Moore (argued), Cut Bank, for respondents.

JOHN C. HARRISON, Justice.

This is an appeal from a judgment of the district court of the thirteenth judicial district of the State of Montana, in and for the County of Yellowstone, the Honorable Ernest E. Fenton, district judge, sitting without a jury.

On August 19, 1958, the defendant and appellant, Flank Oil Company, a corporation (hereinafter called defendant), entered into an agreement with plaintiffs, Howard R. Lowe and John R. Lynn, a partnership, operating...

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