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BENSON v. WISEMAN

No. 10744.

401 P.2d 78 (1965)

Arthur BENSON and Frank Bissell, Plaintiffs, v. L.C. WISEMAN and Donald Axlund, Defendants and Respondents. L.C. WISEMAN and Donald Axlund, Third Party Plaintiffs and Respondents, v. W.A. HALL, Third Party Defendant and Appellant.

Supreme Court of Montana.

Rehearing denied May 5, 1965.

Attorney(s) appearing for the Case

Johnson, Johnson & Alexander, John A. Alexander (argued), Keith P. Johnson (argued), Butte, for appellant.

Wiggenhorn, Hutton, Schiltz & Sheehy, John C. Sheehy (argued), Billings, William Dee Morris, Butte, for respondents.

JOHN C. HARRISON, Justice.

This is an appeal from a judgment rendered in favor of the respondents, L.C. Wiseman and Donald Axlund, and against the appellant, W.A. Hall, in the district court of the fifth judicial district of the State of Montana, in and for the County of Beaverhead, the Honorable Philip C. Duncan, Judge presiding, which judgment is entered upon a jury verdict against W.A. Hall in the sum of $3,000 actual damages, and exemplary damages of $1.00. The...

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