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WHITE v. LOBDELL

No. 83-135.

678 P.2d 637 (1984)

Roger WHITE and Karen White, Plaintiffs and Appellants, v. Frank LOBDELL and Kathryn Lobdell, Ponderosa Real Estate and Fidelity Real Estate, Defendants and Respondents.

Supreme Court of Montana.

Decided March 1, 1984.

Attorney(s) appearing for the Case

Datsopoulos, MacDonald & Lind, Christopher B. Swartley argued, Missoula, for plaintiffs and appellants.

Baldassin, Connell & Beers, William R. Baldassin, Missoula, argued for James and Robert Payne.

WEBER, Justice.

Plaintiffs Roger and Karen White appeal from the order of the Fourth Judicial District Court, Missoula County, denying their motion under Rule 21, M.R.Civ.P. to join Robert and James Payne as defendants. We reverse the order of the District Court.

The issues are:

1. Is an order denying a motion for joinder a final judgment or order which must be appealed within 30 days pursuant to Rule 5, M.R.App.Civ.P.?

2. Did the District...

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