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BUSINESS FINANCE CO., INC. v. RED BARN, INC.

No. 12476.

517 P.2d 383 (1973)

BUSINESS FINANCE CO., INC., a Washington corporation, Plaintiff and Respondent, v. The RED BARN, INC., et al., Defendants and Third-Party-Plaintiffs and Appellants, v. Charles A. PALMER, Jr., et al., Third-Party-Defendants and Respondents.

Supreme Court of Montana.

Decided November 26, 1973.

On Petition for Assessment of Attorney's Fees December 12, 1973.

Attorney(s) appearing for the Case

Larsen & Gliko, Great Falls, Dirk Larsen, argued, Great Falls, for appellants.

Garlington, Lohn & Robinson, Missoula, Robert E. Sheridan, Jr., argued, Missoula, Worden, Thane, Haines & Williams, Missoula, Shelton C. Williams, argued, Missoula, for respondent.

DALY, Justice.

Defendants Arnold, Leo and Al Gaub bring this appeal from a judgment entered in the district court, Missoula County, dismissing their third party complaint against third party defendants Charles Palmer, Jr. and Ron Wilkerson, and awarding $2,724.95 to plaintiff Business Finance Co., Inc.

The cause was tried to the court sitting without a jury. From the trial record these facts appear: In February 1970 Red Barn, Inc., a Missoula bar and nightclub...

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