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BOYNE, U.S.A., INC. v. MALLAS

No. 88-322.

769 P.2d 1235 (1989)

BOYNE, U.S.A., INC., Plaintiff and Respondent, v. Nicholas L. MALLAS, Bruce Frank and the Montana Territorial Land Co., a Montana corporation, Defendants and Appellants. Nicholas L. MALLAS and Bruce Frank, Plaintiffs and Appellants, v. BOYNE, U.S.A., INC., Lone Peak, Inc., Big Sky, Inc., and John E. Kircher, Defendants and Respondents.

Supreme Court of Montana.

Decided February 28, 1989.

Attorney(s) appearing for the Case

Edmund P. Sedivy, Jr., Morrow, Sedivy & Bennett, Bozeman, for defendants and appellants.

Stephen M. Barrett, Kirwan & Barrett, Bozeman, for plaintiff and respondent.

HUNT, Justice.

The defendants, Nick Mallas, Bruce Frank, and the Montana Territorial Land Co., a Montana corporation, appeal the decision by the District Court of the Eighteenth Judicial District, Gallatin County, finding that the July 18, 1986 agreement between Boyne U.S.A., Inc., the plaintiff, and the defendants is not enforceable by the defendants. We affirm the District Court.

The substantive issues raised on appeal are:

(1) whether the District...

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