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TOTAL INDUS. PLANT v. TURNER INDUSTRIES

No. DA 11-0769.

294 P.3d 363 (2013)

2013 MT 5

368 Mont. 189

TOTAL INDUSTRIAL PLANT SERVICES, INC., an Oklahoma corporation, Plaintiff, Appellant, and Cross-Appellee, v. TURNER INDUSTRIES GROUP, LLC., a Louisiana limited liability company; CHS, Inc., a Minnesota corporation; and Fidelity and Deposit Company of Maryland, a Maryland corporation, Defendants and Appellees, and Cross-Appellants.

Supreme Court of Montana.

Decided January 15, 2013.

Attorney(s) appearing for the Case

For Appellant: Jon E. Doak , Doak & Associates, P.C., Billings, Montana, Norman A. Abood , Attorney at Law, Toledo, Ohio.

For Appellee: Alan L. Joscelyn ; KD Feeback; Gough, Shanahan, Johnson & Waterman, PLLP, Helena, Montana.

Justice MICHAEL E. WHEAT delivered the Opinion of the Court.

¶ 1 Total Industrial Plant Services, Inc. ("TIPS"), appeals the District Court's entry of judgment in favor of defendants Turner Industries Group, LLC ("Turner"), and Fidelity and Deposit Company of Maryland ("Fidelity"), dismissing TIPS's claims for additional compensation under either quantum meruit or breach of contract, awarding fees and costs to...

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