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BOEHM v. COKEDALE, LLC

No. DA 10-0594.

261 P.3d 994 (2011)

2011 MT 224

Carter BOEHM, Trustee, Plaintiff and Appellant, v. COKEDALE, LLC, a Montana Limited Liability Company, and Allen Carter, Defendants and Appellees.

Supreme Court of Montana.

Decided September 13, 2011.

Attorney(s) appearing for the Case

For Appellant: Robert L. Jovick , Attorney at Law, Livingston, Montana.

For Appellees: Leanne M. Schraudner , Schraudner & Hillier, L.L.P., Bozeman, Montana (for Appellee Cokedale, LLC), Susan B. Swimley , Attorney at Law, Bozeman, Montana (for Appellee Allen Carter), Ryan K. Jackson , Jackson Law, P.C., Bozeman, Montana (for Appellee Allen Carter).

Justice BETH BAKER delivered the Opinion of the Court.

¶ 1 Plaintiff Carter Boehm, Trustee, appeals from the District Court's Order on Summary Judgment filed November 1, 2010, granting summary judgment to Cokedale, LLC and Allen Carter, and awarding them attorneys' fees. The defendants will be collectively referred to as "Cokedale" except when it is necessary to differentiate between the two. We consider the following issues on appeal:

¶ 2 1....

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