BARTELS v. MILES CITY

No. 10824.

399 P.2d 768 (1965)

Alvin BARTELS, Plaintiff and Respondent, v. MILES CITY, Montana, a Municipal Corporation, Herbert D. Crone, the Mayor thereof, Gene S. Cutting et al., Defendants and Appellants.

Supreme Court of Montana.

March 5, 1965.


Attorney(s) appearing for the Case

Colgrove & Brown, Miles City, Bruce M. Brown (argued), Miles City, for appellants.

Lucas & Jardine, Miles City, Charles W. Jardine (argued), Miles City, for respondent.


CASTLES, Justice.

Alvin Bartels, Police Chief of the City of Miles City, brought this action under Chapter 89, Title 93, Revised Codes of Montana 1947, Uniform Declaratory Judgments Act, to have his rights and status determined under Miles City Ordinance No. 689 which provides for the retirement of members of the Miles City Police Department, and to have determined the validity or invalidity, reasonableness or fairness and constitutionality of the Ordinance.

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