FRAME v. FRAME

No. 86-578.

740 P.2d 655 (1987)

Hugh W. FRAME and American Asphalt, Inc., a Montana corporation, Plaintiffs and Respondents, v. David E. FRAME and Mullan Properties, a Montana general partnership, Defendants and Appellants.

Supreme Court of Montana.

Decided July 21, 1987.

Rehearing Denied September 1, 1987.


Attorney(s) appearing for the Case

Garlington, Lohn & Robinson, Gary Chumrau & Clay D. Creps, Missoula, for defendants and appellants.

Snavely & Phillips, Robert J. Phillips, Missoula, for plaintiffs and respondents.


SHEEHY, Justice.

Appellants David Frame and Mullan properties appeal an order of the Fourth Judicial District Court, Missoula County, granting an injunction to respondents Hugh Frame and American Asphalt, Inc. pending suit on their action for partition of real property owned by Mullan Properties.

The single issue raised on appeal is whether the District Court erred in granting an injunction prohibiting termination of respondent's lease pending partition of...

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