EBERL v. SCOFIELD

No. 90-168.

798 P.2d 536 (1990)

Florian EBERL and George Ulrich d/b/a Starline Braunvieh, Plaintiffs and Appellants, v. Wayne SCOFIELD, an individual; American Agrinomics, a Missouri Corporation; Holland Ranch Company, a Montana Corporation; and Beaverhead Livestock Auction, a Montana Corporation, Defendants and Respondents.

Supreme Court of Montana.

Decided September 18, 1990.


Attorney(s) appearing for the Case

Max A. Hansen, Dillon, for plaintiffs and appellants.

Thomas R. Scott, Dillon, for Beaverhead Livestock Auction.

William M. Kebe, Jr., Johnson, Skakles & Kebe, Butte, for American Agrinomics.

John W. Larson, Missoula, for Holland Ranch Co.


TURNAGE, Chief Justice.

Plaintiffs Eberl and Ulrich brought this suit in the District Court for the Fifth Judicial District, Beaverhead County, to recover seventeen purebred Braunvieh bulls or the value thereof, plus related damages. The court granted the motion of Beaverhead Livestock Auction for summary judgment on the claim against it. Plaintiffs obtained certification of that ruling under Rule 54(b), M.R.Civ.P., and appealed...

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