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OLIVER v. STIMSON LUMBER CO.

No. 98-621.

993 P.2d 11 (1999)

1999 MT 328

Byron OLIVER and Camille Oliver, Plaintiffs and Appellants, v. STIMSON LUMBER COMPANY, and Liberty Northwest Insurance Corporation, an Oregon corporation, Defendants and Respondents.

Supreme Court of Montana.

Decided December 22, 1999.

Attorney(s) appearing for the Case

Lon J. Dale (argued), Milodragovich, Dale, Steinbrenner & Binney; Missoula, Montana, For Appellants.

L.D. Nybo (argued), Conklin, Nybo, Leveque & Lanning; Great Falls, Montana, Jon P. Stride (argued), Tonkon, Torp, Galen, Marmaduke & Booth; Portland, Oregon, William J. Mattix (argued), Crowley, Haughey, Hanson, Toole & Dietrich; Billings, Montana, For Respondents.

Justice JIM REGNIER delivered the opinion of the Court.

¶ 1 Byron and Camille Oliver (Olivers) brought an action against Stimson Lumber Company (Stimson) and Liberty Northwest Insurance Corporation (Liberty Northwest) for negligent and intentional spoliation of evidence, along with a request to void subrogation rights, in the Fourth Judicial District Court, Missoula County. The parties filed cross-motions for summary judgment and following two separate hearings...

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