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LEWISTOWN MILLER CONST. CO., INC. v. MARTIN

No. DA 11-0151.

271 P.3d 48 (2011)

2011 MT 325

363 Mont. 208

LEWISTOWN MILLER CONSTRUCTION CO., INC., Plaintiff and Appellee and Cross-Appellant, v. Gary MARTIN, Defendant, Third-Party Plaintiff and Appellant, v. Richard T. Miller, Third-Party Defendant and Appellee.

Supreme Court of Montana.

Decided December 30, 2011.

Attorney(s) appearing for the Case

For Appellant: Todd A. Stubbs ; Moore, O'Connell & Refling, PC, Bozeman, Montana.

For Appellee: Torger Oaas , Attorney at Law; Lewistown, Montana.

Justice JIM RICE delivered the Opinion of the Court.

¶ 1 Gary Martin (Martin) appeals from the judgment entered by the Tenth Judicial District, Fergus County, in an action by Lewistown Miller Construction Co., Inc., (LMCC) to foreclose a construction lien. LMCC cross-appeals from the denial of statutory attorney fees. We affirm in part, reverse in part, and remand. We address the following issues:

¶ 2

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