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RING v. HOSELTON

No. 81-48.

643 P.2d 1165 (1982)

Dan RING, Bob Wolter, Tim Williams, Louis Mertzig, Dale Olsen, Bob Martin, Robert Goody, Jerry Thompson, Fred Baum, et al., Plaintiffs and Respondents, v. James HOSELTON, d/b/a Hoselton Framing; M.D. O'Connell and Donald Bennett, d/b/a Bennett Builders, First Security Bank, Aetna Inc., Defendants and Appellants.

Supreme Court of Montana.

Decided April 15, 1982.

Rehearing Denied May 13, 1982.

Attorney(s) appearing for the Case

Poore, Roth, Robischon & Robinson, Douglas Buxbaum argued and Urban Roth argued, Henningsen, Purcell & Genzberger, James Purcell argued, Butte, for defendants and appellants.

Knight, Dahood, McLean & Everett, David McLean argued, Johnson, Skakles & Kebe, Greg Skakles argued, Anaconda, for plaintiffs and respondents.

WEBER, Justice.

Plaintiff carpenters claimed penalties for late payment of wages due under a working agreement with James Hoselton, d/b/a Hoselton Framing (Hoselton), subcontractor, and W.D. O'Connell, and Donald Bennett, d/b/a Bennett Builders (Bennett), the prime contractor. Bennett cross-claimed against Aetna Casualty & Surety Co. (Aetna) for failure to pay Bennett as required by a labor and materials bond issued to Hoselton as subcontractor, requesting punitive...

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