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HOSTETTER v. INLAND DEV. CORP. OF MONTANA

No. 13429.

561 P.2d 1323 (1977)

Robert J. HOSTETTER and Eldon H. Leep et al., Plaintiffs and Appellants, v. INLAND DEVELOPMENT CORPORATION OF MONTANA, a corporation, and Big Sky of Montana, Inc., a corporation, Defendants and Respondents.

Supreme Court of Montana.

Decided March 15, 1977.

Rehearing Denied April 8, 1977.

Attorney(s) appearing for the Case

Berg, Angel, Andriolo & Morgan, Ben E. Berg, Jr., argued and Richard J. Andriolo, argued, Bozeman, for plaintiffs-appellants.

Thomas I. Sabo, Brown, Petter & Kommers, Gene I. Brown argued, Bozeman, for respondent.

J. David Penwell argued, Holter, Heath & Kirwan, Bozeman, for amicus curiae.

HATFIELD, Chief Justice.

This is an appeal from the district court, Gallatin County, denying appellants' foreclosure on a mechanic's lien.

On April 22, 1974, appellants, doing business as Dutch Touch, entered into a contract with Inland Development Corporation of Montana, a subsidiary of Inland Construction Corporation of Minnesota. Inland Development was the primary contractor responsible to Big Sky of Montana, Inc. for the Glacier Condominium Project located...

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