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E.C.A. ENVIRON. MANAGEMENT v. TOENYES

No. 83-272.

679 P.2d 213 (1984)

E.C.A. ENVIRONMENTAL MANAGEMENT SERVICES, INC., a Montana corp., Plaintiff and Appellant, v. John B. TOENYES and Michael Robb, d/b/a Terra-Spread, Defendants and Respondents. MONTANA MERCHANDISING, INC., a Montana corp., Plaintiff and Appellant, v. John B. TOENYES, and Michael Robb, d/b/a Terra-Spread, Defendants and Respondents.

Supreme Court of Montana.

Decided March 9, 1984.

Attorney(s) appearing for the Case

Dzivi, Conklin & Nybo, L.D. Nybo, Great Falls, for plaintiff and appellant.

Linnell & Newhall, Great Falls, for defendants and respondents.

HASWELL, Chief Justice.

This appeal is from a judgment of the Cascade County District Court awarding defendants damages for their successful counterclaim on a breach of a commercial contract. Plaintiff corporations, ECA Environmental Management Services, Inc. (hereinafter "ECA"), and Montana Merchandising, Inc. (hereinafter "MMI"), originally brought separate actions against defendants Toenyes and Robb, d/b/a Terra-Spread (defendants hereinafter referred to as "Terra...

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