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NORTHROP v. NELSON

No. 11071.

410 P.2d 942 (1966)

A.K. NORTHROP and Joanne M. Northrop, husband and wife, Plaintiffs and Respondents, v. Lee C. NELSON, d/b/a Lee C. Nelson Contractor, Defendant and Appellant.

Supreme Court of Montana.

February 11, 1966.

Attorney(s) appearing for the Case

Swanberg, Koby & Strope, Great Falls, Philip W. Strope, Great Falls (argued) for appellant.

Hilley & Roy, Great Falls, Philip E. Roy (argued), Great Falls, for respondents.

PER CURIAM:

On January 25, 1966, a motion to dismiss this appeal was filed by respondents. The grounds of the motion were that appellant had failed to perfect his appeal in accordance with section 93-8004, R.C.M. 1947, in that no service of the notice of appeal had been made upon respondents as required by section 93-8005, R.C.M. 1947. Appellant filed an affidavit in objection to the motion and the matter was heard on oral argument.

It appears that judgment...

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