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ELLINGSON AGENCY, INC. v. BALTRUSCH

No. 87-44.

742 P.2d 1009 (1987)

ELLINGSON AGENCY, INC., Plaintiff and Respondent, v. Otto BALTRUSCH, Jr., and Carl Baltrusch, Defendants and Appellants.

Supreme Court of Montana.

Decided September 15, 1987.

Attorney(s) appearing for the Case

Astle & Astle, David L. Astle, Kalispell, for defendants and appellants.

Jeffrey D. Ellingson, Trieweiler Law Firm, Whitefish, Warden, Christiansen, Johnson & Berg, Stephen C. Berg, Kalispell, for plaintiff and respondent.

TURNAGE, Chief Justice.

Defendants Carl and Otto Baltrusch appeal the judgment of the Eleventh Judicial District Court, Flathead County, which awarded to plaintiff Ellingson Agency, Inc., a broker's commission, attorney fees and interest in the total amount of $148,308.91 and dismissed defendants' counterclaim. We affirm in part and reverse in part.

Three issues are presented for our review:

1. Did the District Court err when it granted summary judgment...

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