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STATE EX REL. STEPHENS v. CITY OF HAMILTON

No. 12294.

504 P.2d 283 (1972)

STATE of Montana ex rel. Charles STEPHENS and Nola M. Stephens, his wife, and Forrest G. Higgins and Mildred L. Higgins, his wife, Relators and Appellants, v. The CITY OF HAMILTON, Montana, a Municipal corporation, Respondent and Respondent.

Supreme Court of Montana.

Rehearing Denied January 11, 1973.

Attorney(s) appearing for the Case

Boone, Karlberg & Haddon, Missoula, Thomas H. Boone argued, Missoula, for appellants.

Lawrence Peterson argued, Hamilton, for respondent.

PETER G. MELOY, District Judge, sitting in place of HASWELL, J.

This is an appeal from a judgment entered by the district court of Ravalli County. Involved is an ordinance of the City of Hamilton to extend its boundaries to include certain contiguous real property. The issue presented is whether or not the district court erred in concluding that the sellers and not the purchasers under contract for deed were "freeholders" and concluding that a majority of the freeholders...

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