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VARIETY INCORPORATED v. HUSTAD CORPORATION

No. 10713.

401 P.2d 581 (1965)

VARIETY, INCORPORATED, et al., Plaintiffs and respondents, v. HUSTAD CORPORATION, a Montana Corporation, Defendant and appellant, and W.T. Grant Company, a Delaware Corporation, Defendant and Respondent.

Supreme Court of Montana.

April 30, 1965.

Attorney(s) appearing for the Case

Berg, O'Connell & Angel, Ben E. Berg, Jr., (argued), Bozeman, Jardine, Stephenson, Blewett & Weaver, John D. Stephenson (argued), Great Falls, for appellant.

Landoe & Gary, Morrow & Nash, James H. Morrow, Jr., (argued), Bozeman, for respondent.

PER CURIAM

In this cause W.T. Grant Company moved this court to set attorneys' fes on appeal as part of the allowable costs. Upon reading and giving consideration to the motion an order to show cause was issued requiring the Hustad Corporation to be and appear before this court to show cause, if any they had, why a reasonable amount should not be allowed Grant as its attorneys' fees on appeal and covering the damages suffered by Grant by virtue of the apeal.

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