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BEST DAIRY FARMS, INC. v. HOUCHEN

No. 11128.

448 P.2d 158 (1968)

BEST DAIRY FARMS, INC., a corporation, Plaintiff and Appellant, v. Aubrey D. HOUCHEN, Defendant and Respondent.

Supreme Court of Montana.

Submitted November 18, 1968.

Attorney(s) appearing for the Case

Drysdale & Sabo, Douglas R. Drysdale (argued), Bozeman, for plaintiff and appellant.

Anderson, Symmes, Forbes, Peete & Brown, Rockwood Brown, Jr. (argued) Billings, for defendant and respondent.

CASTLES, Justice.

This is an appeal from a judgment of the thirteenth judicial district rendered October 1965. The case was tried to the court without a jury. The procedural matters are somewhat at issue and reveal an unusual process. However, the procedural matters are only important in one view of the case as we shall develop.

The facts were, in part, submitted on an agreed statement. Best Dairy, appellant here, was engaged in the business of manufacturing...

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