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MORGEN & OSWOOD CONST. CO. v. BIG SKY OF MONT.

No. 12997.

557 P.2d 1017 (1976)

MORGEN & OSWOOD CONSTRUCTION CO., INC., a Montana Corporation, Plaintiff and Appellant, v. BIG SKY OF MONTANA, INC., a Delaware Corporation, Defendant and Respondent.

Supreme Court of Montana.

Decided November 29, 1976.

Rehearing Denied January 13, 1977.

Attorney(s) appearing for the Case

Jardine, Stephenson, Blewett & Weaver, Jack L. Lewis argued, Great Falls, for appellant.

Landoe & Gary, Bozeman, Joseph B. Gary argued and Stephen Barrett appeared, Bozeman, David J. Penwell, Gallatin Gateway, for respondent.

JOHN C. HARRISON, Justice.

This is an appeal from a judgment of the district court, Gallatin County, for defendant in an action to foreclose on a mechanic's lien.

Plaintiff Morgen & Oswood Construction Co., Inc. (Morgen & Oswood) brought this action to foreclose a mechanic's lien on seventeen buildings containing fifty condominium units at Big Sky of Montana, Inc. (Big Sky) site in the Gallatin Canyon, south of Bozeman. These were the first condominium...

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