SCHEND v. THORSON

No. 13166.

549 P.2d 809 (1976)

Terry SCHEND, Plaintiff and Appellant, v. John M. THORSON, Mayor, of the City of Whitefish, Montana, Defendant and Respondent.

Supreme Court of Montana.

Submitted March 3, 1976.

Rehearing Denied May 26, 1976.


Attorney(s) appearing for the Case

Astle & Astle, William E. Astle, argued, Kalispell, for plaintiff and appellant.

Leo Fisher, argued, Whitefish, for defendant and respondent.


JOHN C. HARRISON, Justice.

This is an appeal from an order issued in the eleventh judicial district, Flathead County, dismissing petitioner's request for writ of mandamus made pursuant to section 93-9102, R.C.M. 1947. At the time the petition was filed, appellant Terry Schend was a probationary full-time police officer for the city of Whitefish, and respondent John M. Thorson was the mayor. The matter was heard in district court on April 17, 1975, and judgment for...

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