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STATE EX REL. POLARIS INDUS. v. DISTRICT CT.

No. 84-454.

695 P.2d 471 (1985)

STATE of Montana, ex rel., POLARIS INDUSTRIES, INC., Relator, v. The DISTRICT COURT OF the THIRTEENTH JUDICIAL DISTRICT, In and For the COUNTY OF YELLOWSTONE, the Honorable Diane G. Barz, Judge presiding, Respondents.

Supreme Court of Montana.

Decided February 15, 1985.

Attorney(s) appearing for the Case

McNamer, Thompson & Cashmore, Charles R. Cashmore, Jr. argued, Billings, for relator.

Berger Law Firm, Arnold Berger argued, Anderson, Edwards & Molloy, Billings, for respondents.

HUNT, Justice.

Relator Polaris Industries, Inc. filed an application for a writ of supervisory control asking this Court to reverse the Yellowstone County District Court's Order which refused to grant Polaris' motion to dismiss an action filed against it by Midland Implement Company, Inc.

Three issues were raised: first, whether the District Court erred in denying Polaris' motion to dismiss; second, whether a provision in an Agreement providing an exclusive...

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