MORSE v. ESPELAND

No. 84-207.

696 P.2d 428 (1985)

William R. MORSE, Plaintiff and Respondent, v. Mary Ann ESPELAND, Defendant and Appellant.

Supreme Court of Montana.

Decided February 22, 1985.

Rehearing Denied March 15, 1985.


Attorney(s) appearing for the Case

Ayers & Alterowitz, Red Lodge, for defendant and appellant.

Anderson, Brown, Gerbase, Cebull & Jones, Bishop & Bishop, Overfelt Law Firm, Lee Overfelt, Billings, for plaintiff and respondent.


MORRISON, Justice.

Respondent attorney brought an action in the District Court to recover attorney fees from appellant client. Client answered and counterclaimed, alleging breach of fiduciary duty, constructive fraud, actual fraud, deceit and legal malpractice. Attorney moved for summary judgment on client's counterclaim. The District Court granted the motion on the grounds that no cause of action upon which relief could be granted was stated. Client now appeals....

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