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CAPITAL HILL SHOPPING CTR., ASSOC. v. MILES

No. 13233.

570 P.2d 295 (1977)

CAPITAL HILL SHOPPING CENTER, ASSOCIATES, a limited partnership, Defendant and Third-Party Plaintiff and Appellant, v. W.R. MILES, Jr., Third-Party Defendant and Respondent.

Supreme Court of Montana.

Decided September 8, 1977.

As Amended October 3, 1977.

Rehearing Denied October 25, 1977.

Attorney(s) appearing for the Case

Loble, Picotte, Pauly, Helena, Lester Loble, II, argued, Helena, for defendant and third-party plaintiff and appellant.

Mahan & Strope, Helena, Thomas H. Mahan, argued, Helena, for third-party defendant and respondent.

HAROLD W. CODER, Jr., District Judge.*

This Court is asked to review a determination by the district court, Lewis and Clark County, denying liability of seller for attorney fees incurred by the purchaser of a shopping center in defense of a claim by a tenant asserting an exclusive lease.

The facts, or so much of them as are necessary to satisfy this inquiry are:

Third party defendant...

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