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TIMMERMAN v. GABRIEL

No. 11807.

470 P.2d 528 (1970)

Richard C. TIMMERMAN, John A. Rummel, Richard J. Munro et al., Plaintiffs and Respondents, v. Owen F. GABRIEL and Audrey M. Gabriel, Defendants and Appellants.

Supreme Court of Montana.

Decided June 12, 1970.

Attorney(s) appearing for the Case

Erickson & Erickson, Leif B. Erickson, argued, Helena, for appellants.

Loble, Picotte & Loble, Lester H. Loble, argued, Helena, for respondents.

JOHN CONWAY HARRISON, Justice.

Defendants, husband and wife, appeal from a mandatory injunction issued to enforce restrictive covenants against them by the Hon. Victor H. Fall, District Judge, sitting without a jury in the first judicial district, Lewis and Clark county.

In the spring of 1965, Owen F. Gabriel and his wife, Audrey M. Gabriel, defendants herein, purchased 2 lots in the Helena Valley Estates Subdivision. These lots were sold to them by Lloyd...

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