STARK v. BORNER

No. 88-231.

762 P.2d 857 (1988)

John A. STARK and Nadine A. Stark, husband and wife, Plaintiffs and Respondents, v. Maynard BORNER and Opal Borner, husband and wife, Defendants and Appellants.

Supreme Court of Montana.

Decided October 12, 1988.


Attorney(s) appearing for the Case

Richard J. Carstensen, Billings, for defendants and appellants.

Rodd A. Hamman, Calton, Hamman, Calton & Wolfe, Billings, for plaintiffs and respondents.


McDONOUGH, Justice.

Defendants Maynard and Opal Borner (Borners) appeal from the order of the District Court of the Tenth Judicial District, Fergus County. The District Court, after considering the case on remand from this Court, determined that its original findings were correct and granted summary judgment in favor of plaintiffs John and Nadine Stark (Starks). We affirm, but remand to the District Court for an evidentiary hearing on attorney's fees.

The...

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