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BARNES-KING DEVELOPMENT COMPANY v. CORETTE

No. 11857.

478 P.2d 868 (1970)

BARNES-KING DEVELOPMENT COMPANY, a dissolved Corporation, Alex Stephenson, State Treasurer of the State of Montana, Plaintiff and Appellant, v. R.D. CORETTE, Jr., Trustee of the Creditors and Stockholders of Barnes-King Development Company, a dissolved corporation, Defendant and Respondent.

Supreme Court of Montana.

Decided December 17, 1970.

Rehearing Denied January 7, 1971.

Attorney(s) appearing for the Case

Robert L. Woodahl, Atty. Gen., Helena, Charles Lovell, Sp. Asst. Atty. Gen., argued, Great Falls, William N. Snell, Asst. Atty., argued, Helena, for plaintiff-appellant.

Corette, Smith & Dean, Butte, Sam Chase, argued, Butte, for defendant-respondent.

J. J. Burke, Jr., argued, Butte, for amicus curiae.

JOHN C. HARRISON, Justice.

An appeal from a dismissal with prejudice of two causes of action filed by the appellant state treasurer against the respondent, a trustee of a dissolved corporation.

The consolidated cases appeared in this Court on an agreed statement of facts. Barnes-King Development Company, a Montana corporation, was voluntarily dissolved by order of court on December 16, 1925. On December 20, 1968, some 43 years later, the respondent trustee...

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