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CARPENTERS-EMP. RET. TR. v. GALLERIA PART.

No. 89-29.

780 P.2d 608 (1989)

The TRUSTEES OF THE WASHINGTON-IDAHO-MONTANA CARPENTERS-EMPLOYERS RETIREMENT TRUST FUND and the Trustees of the Laborers-A.G.C. Pension Trust of Montana, Plaintiffs/Respondents and Appellants, v. GALLERIA PARTNERSHIP, et al., Marble Moving, Storage & Transfer, et al., Defendants/Appellants and Respondents. GALLERIA PARTNERSHIP, et al., Third-Party Plaintiffs and Appellants, v. The TRUSTEES OF THE WASHINGTON-IDAHO-MONTANA CARPENTERS-EMPLOYERS RETIREMENT TRUST FUND, et al., Third-Party Defendants and Respondents.

Supreme Court of Montana.

Decided September 20, 1989.

Rehearing Denied October 31, 1989.

Attorney(s) appearing for the Case

William K. Van Canagan and Christopher B. Swartley, Datsopoulos, MacDonald & Lind, Missoula, for plaintiffs/appellants Trustees.

Jardine, Stephenson, Blewett & Weaver; K. Dale Schwanke, Great Falls for Galleria.

Cure, Borer & Davis, Gregory J. Hatley, Great Falls, for Estate of Tice.

Gough, Shanahan, Johnson & Waterman, Jock O. Anderson, Helena for Compass Group, etc.

Linnell, Newhall & Martin, Great Falls for Dees.

Howard Strause, Great Falls for Marbles.

Graybill, Ostrem, Warner & Crotty, Great Falls, for Patterson.

Elizabeth Best, Great Falls, Mary Van Buskirk, Bosch, Kuhr, et al., Havre, for Estate of Lund.

SHEEHY, Justice.

Galleria Partnership and the individual members of the partnership appeal from a final judgment entered against them in the District Court, Eighth Judicial District, Cascade County, and in favor of the Trustees of the Washington-Idaho-Montana Carpenters-Employers Retirement Trust Fund and the Trustees of the Laborers AGC Pension Trust of Montana (hereafter Trustees). The judgment is for $1,505,368.35 of which the sum of $1,308,193.35 is for deficiency...

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