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BURRITT v. CITY OF BUTTE

No. 12312.

508 P.2d 563 (1973)

Kenneth R. BURRITT, d/b/a Burritt Animal Hospital, et al., Plaintiffs and Appellants, v. CITY OF BUTTE, a municipal corporation, Defendant and Respondent. SAFEWAY STORES, INC., et al., Plaintiffs and Appellants, v. CITY OF BUTTE, a Municipal corporation, Defendant and Respondent.

Supreme Court of Montana.

Decided March 26, 1973.

Attorney(s) appearing for the Case

Poore, McKenzie & Roth, Butte, Urban L. Roth argued, Butte, for plaintiffs and appellants.

John A. Alexander argued, and C.L. Harrington appeared, Butte, for defendant and respondent.

HASWELL, Justice.

This is an appeal by four property owners and two lessees of part of their property from a judgment of the district court of Silver Bow County, the Hon. Nat Allen, district judge presiding, validating the annexation of their property into the city limits of Butte, Montana. From a consolidated judgment in two cases denying their applications for a writ of prohibition against the City of Butte to prevent annexation, the property owners and their lessees...

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