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AUDIT SERVICES INC. v. CLARK BROS. CONTRACTORS

No. 81-285.

645 P.2d 953 (1982)

AUDIT SERVICES INC., a Montana Corporation, Plaintiff and Appellant, v. CLARK BROTHERS CONTRACTORS, Defendant and Respondent.

Supreme Court of Montana.

Decided May 27, 1982.

Attorney(s) appearing for the Case

Cure & Borer, Great Falls, Maxon R. Davis argued, Great Falls, for plaintiff and appellant.

Poore, Roth, Robischon & Robinson, Butte, Donald C. Robinson argued, Butte, for defendant and respondent.

HASWELL, Chief Justice.

Audit Services, Inc., assignee of the claims of certain employee benefit trust funds, brought an action against Clark Brothers Contractors in the Fourth Judicial District Court seeking to recover delinquent fringe benefit contributions, liquidated damages, interest, audit fees and attorney fees. Clark Brothers counterclaimed for a refund of contributions mistakenly made to certain of the trust funds. The District Court determined that Clark...

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