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WHEELER v. CITY OF BOZEMAN

No. 87-345.

757 P.2d 345 (1988)

Leslie G. WHEELER and Wilda J. Wheeler, husband and Wife, Plaintiffs and Appellants, v. CITY OF BOZEMAN, a Municipal Corporation, Defendant and Respondent.

Supreme Court of Montana.

Decided June 28, 1988.

Attorney(s) appearing for the Case

Lyman H. Bennett, III, Bozeman, for plaintiffs and appellants.

Bruce Becker, City Atty., Bozeman, H. William Coder, Great Falls, for defendant and respondent.

HUNT, Justice.

Plaintiffs Leslie G. Wheeler and Wilda I. Wheeler, husband and wife, appeal the order of the District Court of the Eighteenth Judicial District, Gallatin County, denying plaintiffs' motion for a new trial. We affirm.

The issues raised on appeal are:

1. Whether the District Court erred by refusing to grant plaintiffs' proposed instruction no. 15, instructing the jury that a municipality has a...

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