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ASSOCIATION OF UNIT OWNERS v. BIG SKY

No. 86-121.

729 P.2d 469 (1986)

ASSOCIATION OF UNIT OWNERS OF the DEER LODGE CONDOMINIUM; Larry Burnside; Mary Burnside; Mel's Remodeling, Inc.; Robert Fousignant; Gerald Tereich; Carolyn Tereich; Bruce J. Hedbloom; Emil Eschenburg; Dolly Eschenburg; Raymond D. Ryan; Ernest M. Schewchuk; Maurice Lobe; Murray B. Stevens; W. Keith Stinson, et al., Plaintiffs and Appellants, v. BIG SKY OF MONTANA, INC.; Big Sky of Montana Realty, Inc.; Boyne USA, Inc.; Chrysler Realty Corp; Thomas & Co (General Electric Pension Trust); Meridian Investing & Development Corp; Continental Oil Co.; the Montana Power Co.; St. Louis and Kansas City Land Co. (Burlington Northern, Inc.); Northwest Airlines, Inc., et al., Defendants and Respondents.

Supreme Court of Montana.

Decided November 24, 1986.

Attorney(s) appearing for the Case

Berg, Coil, Stokes & Tollefsen, Michael C. Coil, argued, Bozeman, for plaintiffs and appellants.

Boone, Karlberg & Haddon, Sam E. Haddon, argued, Missoula, for Chrysler Realty.

Jerry Ashby, Houston, Tex., Rockwood Brown, argued, Billings, for GE & BN.

Poore, Roth & Robinson, Urban Roth, argued, Butte, for Conoco.

Patrick Fleming, argued, Butte, for MPC.

Loble & Pauly, Thomas Hopgood, argued, Helena, for Northwest Airlines.

John Bobinski, Dept. of Admin., Helena, for the State and Bruce Houston.

Moulton Law Firm, Billings, for Douglas Moe Architects, Inc., Corette, Smith, Pohlman & Allen, Butte, for respondents.

Schulz, Davis & Warren, John S. Warren, Dillon, for Big Sky and Mt. Realty.

WEBER, Justice.

Association of Unit Owners of the Deer Lodge Condominiums and others (owners) brought an action to recover damages resulting from a fire that occurred in Deer Lodge Condominiums located at Big Sky, Montana. The District Court for Madison County, Fifth Judicial District, granted the motions to dismiss of six defendants pursuant to Rule 41(e), M.R.Civ.P. (Rule 41(e)), on the grounds that there was a failure to comply with the rule as to service of process...

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