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HARRISON v. CITY OF MISSOULA

No. 10795.

407 P.2d 703 (1965)

Richard L. HARRISON, et al., Plaintiffs and Appellants, v. The CITY OF MISSOULA, Montana, a Municipal Corporation and Wesley Waldbillig, Mayor of the City of Missoula, Montana, Defendants and Respondents.

Supreme Court of Montana.

Decided November 12, 1965.

Attorney(s) appearing for the Case

Anthony F. Keast, Missoula (argued), for appellants.

Fred C. Root and Sherman Lohn, Missoula (argued), for respondents.

JOHN C. HARRISON, Justice.

The subject of this controversy is the extension of the corporate limits of the City of Missoula by the annexation of certain territory adjacent to the city. The prerequisite annexation statute is section 11-403, R.C.M. 1947, as amended. Five separate suits were begun to enjoin the city from proceeding with the annexation. These five suits were consolidated for trial and heard by District Judge E. Gardner Brownlee without a jury. It is from...

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