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WILHELM v. CITY OF GREAT FALLS

No. 85-417.

732 P.2d 1315 (1987)

Paul and Bernice M. WILHELM, Plaintiffs and Appellants, v. CITY OF GREAT FALLS, Defendant and Respondent.

Supreme Court of Montana.

Decided February 4, 1987.

Rehearing Denied March 19, 1987.

Attorney(s) appearing for the Case

Cannon & Sheehy, Helena, for plaintiffs and appellants.

James, Gray, McCafferty, Robert F. James, Great Falls, for defendant and respondent.

GULBRANDSON, Justice.

Paul and Bernice Wilhelm, plaintiffs below, appeal a Cascade County jury verdict, and the judgment entered thereon, finding that the defendant City of Great Falls (the City) was not negligent in this nuisance action. The issues on appeal are:

(1) whether the District Court erred in reversing its grant of partial summary judgment in appellants' favor;

(2) whether the District Court erred in denying appellants' motion for a directed...

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