TURNAGE, Chief Justice.
John Glaus appeals an order from the Ninth Judicial District, Toole County, granting respondent Lester Neifert's motion for summary judgment. We affirm.
Two issues are presented for our review:
1. Did the District Court err when it granted Neifert's motion for summary judgment?
2. Does State ex rel. Deere & Co. v. District Court (Mont. 1986),
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