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DUNCAN v. CITY OF MISSOULA

No. 89-303.

779 P.2d 519 (1989)

John DUNCAN, Plaintiff and Appellant, v. CITY OF MISSOULA, Defendant and Respondent.

Supreme Court of Montana.

Decided September 18, 1989.

Attorney(s) appearing for the Case

Arthur D. Agnellino, Missoula, for plaintiff and appellant.

Jim Nugent, City Atty., Missoula, for defendant and respondent.

SHEEHY, Justice.

The plaintiff, John Duncan, filed suit against the City of Missoula to prevent the planting of trees in the boulevard area of the sidewalk in front of plaintiff's downtown property. Following submission of motions on briefs, the District Court for the Fourth Judicial District, Missoula County, dismissed plaintiff's complaint for failure to state a cause of action. From that judgment, plaintiff appeals. We dismiss the appeal as frivolous.

John...

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