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PRESTE v. MOUNTAIN VIEW RANCHES, INC.

No. 14082.

590 P.2d 1132 (1979)

Jim PRESTE, d/b/a Alpine Advertising, Plaintiff and Respondent, v. MOUNTAIN VIEW RANCHES, INC., and Melvin D. Palin, Defendant, Counter-Complainant and Third Party Plaintiff-Appellant, v. CARL PAYNE & ASSOCIATES, Third Party Defendant and Respondent.

Supreme Court of Montana.

Decided February 21, 1979.

Attorney(s) appearing for the Case

J. Allen Bradshaw, Philipsburg, for defendant, counter-complainant and third party plaintiff-appellant.

McKinley Anderson, Bozeman, for plaintiff and respondent.

HARRISON, Justice.

Defendant appeals from an order of the District Court, Gallatin County, granting the motion of third party defendant for a separate trial and continuance.

The issues on appeal are:

1. Whether the District Court abused its discretion in granting the motion of Carl Payne and Associates, the third party defendant and respondent, for separate trial and continuance?

2. Whether Carl Payne and Associates was an indispensable party...

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