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WHEELER v. ARMSTRONG

No. 12192.

498 P.2d 300 (1972)

James E. WHEELER and Edith Wheeler, Plaintiffs and Appellants, v. Ralph ARMSTRONG et al., Defendants and Respondents.

Supreme Court of Montana.

June 9, 1972.

Attorney(s) appearing for the Case

Lyman H. Bennett, Jr. (argued), Bozeman, for appellants.

Thomas A. Olson, County Atty. (argued), Bozeman, for respondents.

CASTLES, Justice.

This is an appeal from an order of the district court in Gallatin County, the Honorable M. James Sorte, presiding. Judge Sorte's order of September 28, 1971, reads:

"Defendants moved to dismiss the petition on file herein upon the ground that essentially the same matters and the same parties now before the Court, were presented in local cause No. 19205, Planning and Zoning Commission vs. James E. Wheeler and heard by Hon. Sid G. Steward...

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