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CALLAHAN v. BURTON

No. 11980.

487 P.2d 515 (1971)

Carolyn CALLAHAN and James Patrick Callahan, Plaintiffs and Appellants, v. F. Hanley BURTON, Defendant and Respondent.

Supreme Court of Montana.

Decided July 26, 1971.

Attorney(s) appearing for the Case

Bolinger & Wellcome, Page Wellcome, argued, Bozeman, for plaintiffs and appellants.

Poore, McKenzie & Roth, Robert Poore, argued, Urban L. Roth, argued, McCaffery & Peterson, John L. Peterson, appeared, Butte, for defendant and respondent.

CASTLES, Justice.

This is an appeal by Carolyn and James Callahan, husband and wife, from a judgment entered on the district court's order dismissing their case against the defendant, F. Hanly Burton, which was made following the plaintiffs' case in chief and from the order of the court denying plaintiffs' motion for a new trial.

Plaintiff, Carolyn Callahan, failed to pass the visual acuity portion of the state driver's license test in April 1969. She had...

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