BENDER v. BENDER

No. 10718.

397 P.2d 957 (1965)

Rudolph R. BENDER, F.W. (Bill) Bender, Victor Bender and Gus Bender, Plaintiffs and Appellants, v. Irene L. BENDER, Individually, as Administratrix of the estate of edwin H. Bender, deceased, and as guardian of the Estate of Edwin Lyle Bender and Marilyn Bender, Minors, Edwin Lyle Bender, Minor, Marilyn Bender, Minor, and Evonne (Bender) Inks, Defendants and Respondents.

Supreme Court of Montana.

Decided January 7, 1965.


Attorney(s) appearing for the Case

Michael J. Whalen (argued), Billings, Ernest F. Boschert (argued), Billings, for appellants.

Lamey, Crowley, Kilbourne, Haughey & Hanson, Gerald F. Krieg (argued), Billings, for respondents.


DOYLE, Justice.

This is an appeal by plaintiff and appellants, Rudolph R. Bender, F.W. (Bill) Bender, Victor Bender and Gus Bender, from a judgment and decree in favor of Irene L. Bender and her three children, Edwin L. Bender and Marilyn Bender, minors and Evonne Bender Inks.

This is an equity case involving a dispute over ownership of the business denominated as the Bender Auction Market, hereinafter referred to as "Market," located in Billings, Montana...

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