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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Walker v. Tschache, 162 Mont. 213 (1973)

Citation
Walker v. Tschache, 162 Mont. 213 (1973)
Parent Document
Walker v. Tschache, 162 Mont. 213 (1973)
Jurisdiction
Montana (state)
Effective Date
1973-05-16

Full Text

846 chars
Trial without a jury was held on April 13, 1973, at which time fourteen of the fifteen respondent tenants stipulated that they had received the notices more than the statutory fifteen days prior to the effective date of the increase. After presentation of the evidence, the court ordered oral argument on the issue of delivery of notice. At the conclusion thereof, counsel for petitioner moved and requested the court to rule from the bench; petitioner also waived any right to brief the matter further. In support of his request, petitioner called attention to the fact that the date was April 13 and if notice was insufficient he wanted to know so that he could then attempt *215to make proper service of notice within the statutory time limit. The court refused petitioner’s request and called for briefs and findings of fact from the parties.