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DEIMLER v. OSTLER

No. 81-506.

651 P.2d 41 (1982)

Clare E. DEIMLER, Plaintiff and Respondent, v. Robert E. OSTLER and Jennie H. Ostler, Defendants, Appellants and Cross-Claimants, and Larry Semenza and James A. Wankel, Third Party Defendants.

Supreme Court of Montana.

Decided September 23, 1982.

Attorney(s) appearing for the Case

Small, Hatch & Doubek, Helena, Carl Hatch and John Doubek, argued, Helena.

Scott, Linnell & Newhall, Great Falls, for third party defendants.

Jardine, Stephenson, Blewett & Weaver, Great Falls, K. Dale Schwanke, argued, Great Falls, for plaintiff and respondent.

MORRISON, Justice.

Appellants, Ostlers, appeal from summary judgment entered by the Eighth Judicial District of the State of Montana, Cascade County, in favor of respondent on respondent's principal claim and against appellants on their counterclaim. We affirm.

Respondent instituted this action to recover a real estate commission due on the sale of appellants' ranch located near Helmville, Montana. Appellants counterclaimed...

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