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McCUSKER v. ROBERTS

No. 11407.

452 P.2d 408 (1969)

J. Tom McCUSKER and Elisabeth M. McCusker, Plaintiffs and Appellants, v. John M. ROBERTS, Gallatin Lumber Company, Western General Enterprises and Edward M. Chauner, Defendants and Respondents.

Supreme Court of Montana.

Submitted January 15, 1969.

Attorney(s) appearing for the Case

Lyman H. Bennett, Jr., argued, Bozeman, for appellants.

H.A. Bolinger, Jr., argued, Berg, O'Connell & Angel, Michael J. O'Connell, argued, Robert M. Holter argued, and Robert E. Heath, argued, Bozeman, for respondents.

HASWELL, Justice.

Action by a homeowner against a builder, a lumber company and its manager, and a subdivision developer for damages arising out of construction of a house. The builder counterclaimed for foreclosure of a labor and materialman's lien and for slander. From a judgment denying all claims of the homeowner and awarding the builder $5,493.92 on his lien foreclosure and $10,000 damages for slander, and from the denial of the homeowner's motion for judgment...

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