Higby v. Hooper

*333MR. CHIEF JUSTICE ADAIR:

Don Higby served three years in the military forces of the United States during World War II.

In May 1945, Higby, then aged 28, was honorably discharged from the Army and returned to Helena, Montana, where he obtained employment in the office of an insurance company.

At the times here involved the nation was confronted with an acute housing shortage. Houses for rent or sale were scarce and materials for construction purposes were unobtainable except by persons to whom the law granted a preference and priority over other users.

Higby and his wife Lorraine were of limited…