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STEPHENS v. CITY OF BILLINGS

No. 11109.

422 P.2d 342 (1966)

Wallace STEPHENS, for himself in a representative capacity for and in behalf of all other duly confirmed members of the Fire Department of the City of Billings, Montana, Plaintiff and Appellant, v. The CITY OF BILLINGS, Montana, a municipal corporation, Willard Fraser, Mayor, of the City of Billings, H.E. Biddinger, Wayne Chestnut, Henry Cox, Charles Glenn, H.H. Hultgren, William Jull, J.A. Leone, James Patten, Duane Smith, and A.G. Wendte, Members of the City Council, City of Billings, Montana, Defendants and Respondents.

Supreme Court of Montana.

Decided December 15, 1966.

Rehearing denied January 24, 1967.

Attorney(s) appearing for the Case

Sandall, Moses & Cavan, Charles F. Moses (argued), Billings, for appellant.

Maurice R. Colberg, Jr. (argued), Billings, for respondents.

CASTLES, Justice

This is an appeal from a judgment in favor of the defendants in a declaratory judgment action brought by plaintiff to seek a determination of the rights of firemen to promotion according to seniority. The defendants will be referred to as the city. The district court ordered all firemen to be added as plaintiffs, and they will collectively be referred to as the firemen.

The issue is whether ordinance No. 3114, enacted by the Billings City...

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