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BEARD v. McCORMICK

No. 11007.

411 P.2d 964 (1966)

147 Mont. 361

L.M. BEARD and Mary Beard, Plaintiffs and Appellants, v. Trixie McCORMICK and Montana Liquor Board, Defendants and Respondents.

Supreme Court of Montana.

Decided February 17, 1966.

Rehearing denied March 24, 1966.

Attorney(s) appearing for the Case

Garlington, Lohn & Robinson, Missoula, J.C. Garlington (argued), Missoula, for appellant.

Wooten & Kidder, Missoula, Wellington D. Rankin (argued), Helena, Arthur P. Acher (argued), Helena, for respondent.

JAMES T. HARRISON, Chief Justice.

Plaintiffs-appellants, L.M. Beard and his wife, Mary Beard, bring this appeal from an adverse declaratory judgment entered in the District Court of Powell County.

The plaintiffs owned a one story building in Ovando, Montana, in which L.M. Beard operated a tavern for more than 30 years. On January 18, 1960, due to Mrs. Beard's illness, L.M. Beard leased the premises to the defendant-respondent, Trixie McCormick, for a period...

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