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KASALA v. KALISPELL PEE WEE BASEBALL LEAGUE

No. 11314.

439 P.2d 65 (1968)

Jerry A. KASALA, Claire Kasala, Eldo Collier, Amber Collier, Sherman Carlson and Grace Carlson, Plaintiffs and Respondents, v. KALISPELL PEE WEE BASEBALL LEAGUE and the City of Kalispell, a Municipal corporation, Defendants and Appellants.

Supreme Court of Montana.

April 3, 1968.

Attorney(s) appearing for the Case

Korn, Warden & Walterskirchen, William C. Walterskirchen (argued), Marshall Murray (argued), Kalispell, for appellants.

William Dee Morris (argued), Columbia Falls, for respondents.

JOHN C. HARRISON, Justice.

This appeal results from a finding by the trial court, sitting without a jury, that the Pee Wee Baseball League as conducted in Kalispell was a nuisance and from an injunction that not only would prevent the use of a playground for baseball, but also, the ordering of the removal of all light poles, backstops and other baseball paraphernalia from the playground. Pending this appeal, appellants obtained an order from this court suspending...

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