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HUGHES v. SALO

No. 82-297.

659 P.2d 270 (1983)

John C. HUGHES, in his capacity as Administrative Manager of Western Conference of Teamsters Pension Trust Fund, Plaintiff and Appellant, v. G.K. SALO, Individually, and d/b/a G.K. Salo Texaco, Defendant and Respondent.

Supreme Court of Montana.

Decided February 24, 1983.

Attorney(s) appearing for the Case

Berg, Coil, Stokes, & Tollefsen, Michael C. Coil argued and Don Hayes argued, Bozeman, for plaintiff and appellant.

Corette, Smith, Pohlman & Allen, Gregory C. Black argued, Butte, for defendant and respondent.

WEBER, Justice.

Plaintiff appeals from an adverse judgment in the Second Judicial District Court, Silver Bow County, in this action to collect allegedly delinquent pension fund contributions from defendant. The District Court held that this action was barred by the doctrine of merger, the rule against splitting causes of action, and by this Court's holding in an earlier case, as well as by a previous stipulated dismissal with prejudice of plaintiff's attempt to enforce...

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