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KOONTZ v. TOWN OF SOUTH SUPERIOR

No. 85-155.

716 P.2d 358 (1986)

Ira E. KOONTZ and Velma A. Koontz, Appellants (Defendants), v. TOWN OF SOUTH SUPERIOR, Wyoming, Appellee (Plaintiff).

Supreme Court of Wyoming.

March 27, 1986.

Attorney(s) appearing for the Case

Jay Dee Schaefer and Paul Schierer (argued), of Schaefer & Newcomer, Laramie, for appellants.

Edward J. Hess (argued), and Warren W. Dill, Jackson, for appellee.

Before THOMAS, C.J., and ROONEY, BROWN, CARDINE and URBIGKIT, JJ.

CARDINE, Justice.

In this appeal we must determine whether a district court may decide a case upon briefs submitted by the parties when those briefs are not accompanied by either a motion for judgment or a stipulation of facts. We reverse the district court's order and remand for further proceedings without reaching the merits.

On October 9, 1984, the town of South Superior filed a civil complaint against Ira and Velma Koontz in the district court. The town...

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