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KAUTZA v. CITY OF CODY

No. 90-248.

812 P.2d 143 (1991)

Michael KAUTZA and Kurt Babcock, co-owners of Putt 'N Around Miniature Golf Course, Appellants (Plaintiffs), v. CITY OF CODY; Mayor Dorse Miller, Jr.; Glenn Livingston, Harry McNeil, Rodney Mason, Ray Mentock, Willard Minske and Rick Wilder, as Councilmen and Individually; and Councilmen Lowell Ray Anderson, Glenn Livingston, Rodney Mason, Ray Mentock, Willard Minske, Gordon Willford, Richard Roemmich and Steve Hollingsworth, Individually, and Does 1-100, Appellees (Defendants).

Supreme Court of Wyoming.

June 7, 1991.

Attorney(s) appearing for the Case

Donna S. Sears, argued, Sears Law Offices, Lander, for appellants.

Jeffrey A. Donnell, argued, Worland, for appellees.

Richard Roemmich, pro se.

Before URBIGKIT, C.J., and THOMAS, CARDINE, MACY and GOLDEN, JJ.

CARDINE, Justice.

During the year 1976, the City of Cody, Wyoming constructed a miniature golf course that it thereafter operated through a lessee. In 1987, 11 years later, appellants, Michael Kautza and Kurt Babcock, constructed and began operating a second miniature golf course in Cody. Appellants then claimed the City competed unfairly with them. They commenced a lawsuit against the City and others, which was dismissed pursuant to W.R.C.P. 12(b)(6) for failure...

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