No. 81-278.

648 P.2d 729 (1982)

John Jeffery McPARTLIN and Gregory McPartlin, Plaintiffs and Appellants, v. David Randle FRANSEN et al., Defendants and Respondents.

Supreme Court of Montana.

Decided July 8, 1982.

Rehearing Denied August 5, 1982.

Attorney(s) appearing for the Case

Ted L. Mizner, Deer Lodge, for plaintiffs and appellants.

Graybill, Ostrem, Warner & Crotty, Great Falls, defendants and respondents.

SHEEHY, Justice.

This is the second time these parties have been before this Court. The first decision, McPartlin v. Fransen & Vose (1978), 178 Mont. 178, 582 P.2d 1255, granted the defendants a second trial. A chronological account of the events preceeding the first trial is reported in our first decision and will not be restated here.

The new trial was held before the Honorable W.W. Lessley on November 6, 1980...

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