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GREGORY v. CITY OF FORSYTH

No. 14584.

609 P.2d 248 (1980)

Arthur A. GREGORY and Dorothy R. Gregory, Plaintiffs and Appellants, v. The CITY OF FORSYTH et al., Defendants and Respondents.

Supreme Court of Montana.

Decided February 19, 1980.

As Modified on Denial of Rehearing April 30, 1980.

Attorney(s) appearing for the Case

Lee Overfelt, argued, Billings, for plaintiffs and appellants.

William F. Meisburger, argued, Forsyth, for defendants and respondents.

DALY, Justice.

Plaintiffs appeal from a final judgment of the District Court, sitting without a jury, in the Sixteenth Judicial District, in and for the County of Rosebud, in an action for refund of taxes paid under protest to the City of Forsyth. The District Court determined that the statute of limitations, section 93-2607(4), R.C.M. 1947, now section 27-2-203, MCA, barred plaintiffs' claim and that the disputed land was annexed to the City of Forsyth by acquiescence...

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