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AZURE v. CITY OF BILLINGS

No. 14079.

596 P.2d 460 (1979)

Jeffrey L. AZURE, by and through his next friend and guardian ad litem, Dorothy Marchington, Appellant and Plaintiff, v. The CITY OF BILLINGS, an Incorporated Montana Municipality, Respondent and Defendant.

Supreme Court of Montana.

Decided May 30, 1979.

As Amended On Denial of Rehearing July 11, 1979.

Attorney(s) appearing for the Case

Lynaugh Fitzgerald, Schoppert, Skaggs & Essman, William Fitzgerald (argued), Billings, George Huss (argued), Miles City, for appellant and plaintiff.

Keefer & Roybal, Neil S. Keefer (argued), Billings, for respondent and defendant.

SHEA, Justice.

Plaintiff, who was the nominally successful party below, appeals from a jury verdict and judgment in the Yellowstone County District Court, awarding him $20,000 in damages against the defendant City of Billings. He contends that several errors occurred during the course of the trial which prevented the jury from awarding him adequate compensation.

Plaintiff filed this action against the City of Billings (City herein) seeking approximately one...

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