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ST. PAUL FIRE & MARINE INS. CO. v. CUMISKEY

No. 82-279.

665 P.2d 223 (1983)

ST. PAUL FIRE AND MARINE INSURANCE COMPANY, a corporation, Plaintiff and Respondent, v. Kevin E. CUMISKEY, John E. Cumiskey, Stephanie S. Cumiskey, and K.S.J., Inc., a Montana corporation, Defendants and Appellants, and Elizabeth M. Bradley, Defendant and Cross Appellant.

Supreme Court of Montana.

Decided June 10, 1983.

Rehearing Denied July 7, 1983.

Attorney(s) appearing for the Case

Larry W. Moran argued, Bozeman, for defendants and appellants.

Landoe, Brown, Planalp, Kommers & Lineberger, Randy K. Dix, argued, Bozeman, for defendant and cross-appellant.

Anderson, Brown, Gerbase, Cebull & Jones, James L. Jones argued, Billings, for plaintiff and respondent.

HASWELL, Chief Justice.

Cumiskeys and Bradley appeal a judgment upon a Gallatin County jury verdict which set the cost of repairs of fire damaged property, which determined the parties' liabilities to one another and which awarded and set attorney fees. We affirm in part and reverse in part.

In early 1978, Kevin Cumiskey contacted Elizabeth Bradley in order to lease West Yellowstone property owned by Bradley as the site of a Mexican restaurant. They entered...

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