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ALPHA REAL ESTATE DEV. v. AETNA LIFE & CAS. CO.

No. 13776.

570 P.2d 585 (1977)

ALPHA REAL ESTATE DEVELOPMENT, INC., Plaintiff and Appellant, v. AETNA LIFE & CASUALTY COMPANY, Defendant and Respondent.

Supreme Court of Montana.

Decided October 24, 1977.

Attorney(s) appearing for the Case

Jordan, Sullivan & Baldassin, Missoula, Lee A. Jordan, argued, Missoula, for plaintiff and appellant.

Garlington, Lohn & Robinson, Missoula, Gary L. Graham, argued, Missoula, for defendant and respondent.

HARRISON, Justice:

This is an appeal from an order of the district court, Missoula County, granting summary judgment to defendant.

Plaintiff Alpha Real Estate Development, Inc. (Alpha) brought an action against its insurance carrier, Aetna Life and Casualty Company (Aetna) to recover on a certain insurance policy for the theft of a commercial carpet cleaner. Aetna moved for summary judgment on the ground the policy expressly excluded coverage for theft of...

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