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TOD v. CITY OF BILLINGS

No. 11227.

430 P.2d 620 (1967)

149 Mont. 462

K.E. TOD, Mark Dalley and Gretchen Egan, Relators and Respondents, v. CITY OF BILLINGS, a municipal corporation, willard e. fraser, as mayor of the City of Billings, William J. Fry, as Clerk of the City of Billings, and Duane Smith, Joseph Leone, Charles Glenn, Cornelius Riedl, et al., Respondents and Appellants.

Supreme Court of Montana.

Decided June 2, 1967.

Rehearing denied August 31, 1967.

Attorney(s) appearing for the Case

Robert P. Ryan, James A. Reno, Billings, for appellants.

Louis Forsell and Richard W. Anderson, Billings, for respondents.

JAMES T. HARRISON, Chief Justice.

This is an appeal from a judgment entered in a mandamus action brought in district court.

The appellants in this court were the respondents in the district court mandamus action. The appellants are the City of Billings, its Mayor, City Clerk, and Councilmen and will be referred to collectively as the City, and when necessary, individually, by official city position. The respondents in this court were the relators in the district...

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