FEURHERM v. SCHMAING

No. 14116.

592 P.2d 924 (1979)

Marie (Grover) FEURHERM, and W.C. Neiss, Plaintiffs, Respondents and Cross-Appellants, v. Donald E. SCHMAING, Clara Schmaing and Axel A. Schmaing, Defendants and Appellants.

Supreme Court of Montana.

Decided March 12, 1979.

Rehearing Denied April 18, 1979.


Attorney(s) appearing for the Case

Hutton & Cromley, Rodney T. Hartman (argued), Billings, for defendants and appellants.

Crowley, Haughey, Hanson, Toole & Dietrich, L. Randall Bishop (argued), Billings, for plaintiffs, respondents and cross-appellants.


SHEA, Justice.

Defendants, Donald Schmaing, Clara Schmaing, and Axel Schmaing appeal from a jury verdict and judgment of the Yellowstone County District Court concluding and ordering that a beer license was owned by and must be transferred to W.R. Neiss, one of the plaintiffs in this action. Plaintiff Neiss cross-appeals contending he was entitled to an award of damages by the jury because of the Schmaings' wrongful withholding

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