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O'NEILL v. FERRARO

No. 14238.

596 P.2d 197 (1979)

Patrick O'NEILL, Plaintiff and Appellant, v. Ralph FERRARO, Nigel Jones, John R. Lavan and Blair Culter, Defendants and Respondents.

Supreme Court of Montana.

Decided February 28, 1979.

Rehearing Denied March 21, 1979.

Attorney(s) appearing for the Case

Heath, Kirwan & Duckworth, Bozeman, Peter Kirwan argued, Bozeman, for plaintiff and appellant.

Drysdale, McLean & Screnar, Bozeman, James A. McLean argued, Bozeman, for defendants and respondents.

Mike Greely, Atty. Gen., Helena, Charles Erdmann appeared, Asst. Atty. Gen., Helena, for amicus curiae.

SHEEHY, Justice.

Appellant O'Neill appeals from a declaratory judgment dated February 7, 1978, entered by the District Court of the Eighteenth Judicial District, Gallatin County. Appellant brought the action to determine the meaning and validity of a restrictive covenant in the respondents' lease. The District Court sitting without a jury found the covenant prevented appellant from operating a Mexican food restaurant on the same premises where respondents operated...

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