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MALINAK v. SAFECO TITLE INS. CO. OF IDAHO

No. 81-196.

661 P.2d 12 (1983)

Paul MALINAK, Plaintiff and Appellant, v. SAFECO TITLE INSURANCE COMPANY OF IDAHO, and Lincoln County Title Company, Defendants and Respondents.

Supreme Court of Montana.

Decided February 25, 1983.

Rehearing Denied April 19, 1983.

Attorney(s) appearing for the Case

Murray, Kaufman, Vidal & Gordon, Leonard L. Kaufman argued, S.Y. Larrick argued, Kalispell, for plaintiff and appellant.

Warden, Christiansen & Johnson, Todd A. Hammer argued, Murphy, Robinson, Heckathorn & Phillips, I. James Heckathorn argued, Kalispell, for defendants and respondents.

SHEEHY, Justice.

On November 9, 1982, this Court issued an opinion holding that the appeal taken by the appellant Paul Malinak was not timely and we ordered the appeal dismissed. 39 St.Rep. 2046. In petitioning for reconsideration and rehearing, Malinak pointed out that this appeal was from a partial judgment in the District Court that such partial judgment was not appealable until the District Court, directed the entry of a final judgment and determined that there...

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