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KOSEL v. STONE

No. 10888.

404 P.2d 894 (1965)

146 Mont. 218

Joseph M. KOSEL et al., Plaintiffs and respondents, v. Robert E. STONE and Mavis Stone, Defendants-Third Party Plaintiffs and Appellants, v. Velma S. RAMIREZ et al., Third-Party Defendants and Respondents.

Supreme Court of Montana.

Decided August 25, 1965.

Attorney(s) appearing for the Case

Sandall, Moses & Cavan, Valerie W. Scott (argued), Charles F. Moses (appeared), Billings, for appellants.

Neil S. Keefer (argued), Billings, for respondents.

JAMES T. HARRISON, Chief Justice. the Court.

This is an appeal by the defendants, Robert E. Stone and Mavis Stone, from a judgment entered in the district court of Yellowstone County which held that the Stones were bound by a declaration of restrictions which existed in the subdivision in which their property was located and that they may not utilize the property for any commercial use greater in scope than the use to which the property had been put since 1955.

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