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PRETTY ON TOP v. CITY OF HARDIN

No. 14519.

597 P.2d 58 (1979)

Regina PRETTY ON TOP, as surviving spouse, and Dorothy Marchington, Administratrix of the Estate of Melvin Pretty On Top, deceased, Plaintiffs and Appellants, v. CITY OF HARDIN, Montana and Robert Hamilton, chief of police of the City of Hardin, Montana, Defendants and Respondents.

Supreme Court of Montana.

Decided April 18, 1979.

Attorney(s) appearing for the Case

Lynaugh, Fitzgerald, Schoppert, Skaggs & Essman, Billings, Thomas J. Lynaugh (argued), Billings, for plaintiffs and appellants.

Keefer & Roybal, Billings, J. Dwaine Roybal (argued), Billings, for defendants and respondents.

SHEEHY, Justice.

On the afternoon of September 18, 1973, Hardin City patrolman Harvey Kern observed three men sitting in a truck behind the Big Horn Bar in Hardin, Montana. They were passing a bottle from one person to another. Patrolman Kern watched the men for approximately fifteen minutes before one of the men got out of the truck and left the scene. The patrolman then approached the vehicle and informed the occupants of the city ordinance which prohibited public...

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