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LASAR v. BECHTEL POWER CORP.

No. 86-319.

727 P.2d 526 (1986)

John Dwight LASAR and Barbara Lasar, Plaintiffs, v. BECHTEL POWER CORPORATION, Defendant, and BECHTEL POWER CORPORATION, Third-Party Plaintiff and Respondent, v. E.H. OFTEDAL & SONS, INC., Third-Party Defendant and Appellant.

Supreme Court of Montana.

Decided October 24, 1986.

Attorney(s) appearing for the Case

Lucas & Monaghan, Thomas M. Monaghan, Miles City, for third-party defendant and appellant.

Moulton Law Firm, John T. Jones, Billings, Goetz, Madden & Dunn, Bozeman, for third-party plaintiff and respondent.

SHEEHY, Justice.

E.H. Oftedal & Sons, Inc. (Oftedal) appeal from a decision by the District Court of the Thirteenth Judicial District, Yellowstone County, ruling that Oftedal was not entitled to attorney's fees under § 28-3-704, MCA. We affirm.

The issue raised on appeal is whether the District Court erred in reaching the conclusion that attorney's fees should not be awarded under the reciprocal fee statute, § 28-3-704, MCA, in suits based on...

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