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LEWISTOWN PROPANE COMPANY v. UTILITY BLDRS. INC.

No. 13218.

552 P.2d 1100 (1976)

LEWISTOWN PROPANE COMPANY, a corporation, Plaintiff and Appellant, v. UTILITY BUILDERS INC., a corporation and City of Lewistown, a Montana Municipal Corporation, Defendants and Respondents.

Supreme Court of Montana.

Decided August 3, 1976.

Attorney(s) appearing for the Case

Johnson & Foster, Lewistown, Robert L. Johnson, argued, Lewistown, for plaintiff-appellant.

Smith, Emmons, Baillie & Walsh, Great Falls, William L. Baillie, argued, and James R. Walsh, argued, Great Falls, Alexander, Kuenning, Miller & Ugrin, Great Falls, Edward C. Alexander, argued, Great Falls, for defendants-respondents.

DALY, Justice.

In this cause a motion to dismiss the appeal was filed by respondents on the ground that appellant failed to timely file notice of appeal as required by statute.

The record discloses: On June 12, 1975, the district court of Fergus County, Hon. Bernard W. Thomas, Judge presiding, entered judgment in favor of respondents, Utility Builders, Inc. and the City of Lewistown. On July 13, 1975, notice of entry of judgment was mailed to plaintiff and...

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