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STATE EX REL. EGELAND v. CITY COUNCIL

No. 90-226.

803 P.2d 609 (1990)

STATE ex rel. Ronald W. EGELAND, Plaintiff and Respondent, v. The CITY COUNCIL OF CUT BANK, MONTANA, Leo Schaefer, Philip (Phil) Cheety, Frances Stryren and Ed Snoeck, as Members of the City Council, and Eugene O. Boyle, City Treasurer of the City of Cut Bank, Montana, a Municipal Corporation, Respondents and Respondents, Melvin Shuland, Heritage Builders, Inc., Abercrombie Pipe Line & Services, Inc., Interplead Defendants, D.A. Davidson & Co., Interpled Defendant and Respondent, Leland Freed, Interpled Defendant and Appellant.

Supreme Court of Montana.

Decided December 11, 1990.

Rehearing Denied January 28, 1991.

Attorney(s) appearing for the Case

Dennis McCafferty, James Gray & McCafferty, Great Falls, for interpled defendant and appellant.

Keith Strong, Dorsey & Whitney, Great Falls, for respondents and respondents.

HARRISON, Justice.

This action originated in the District Court of the Ninth Judicial District, Glacier County, Judge Henry Loble presiding. Ronald W. Egeland sought a Writ of Mandamus ordering the City of Cut Bank to pay interest on SID bonds. The parties to this appeal, Leland Freed and D.A. Davidson & Co., were interpled defendants in the action. Freed asserted claims against D.A. Davidson and both parties moved for summary judgment. From grant of summary judgment...

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