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HELTBORG v. MODERN MACHINERY

No. 89-341.

795 P.2d 954 (1990)

Olive M. HELTBORG, as Personal Representative of the Estate of Otto Christian Heltborg, Plaintiff and Respondent, v. MODERN MACHINERY, f/k/a Allied Equipment, f/k/a Industrial Equipment, Defendant and Appellant.

Supreme Court of Montana.

Decided July 10, 1990.

Rehearing Denied September 7, 1990.

Attorney(s) appearing for the Case

James D. Walen, Keefer, Roybal, Hanson, Staey & Walen, Billings, Ronald B. MacDonald, argued, Datsopoulos, MacDonald & Lind, and William T. Murphy, Washington Corporations, Missoula, for defendant and appellant.

Donald W. Molloy, argued, Anderson, Edwards & Molloy, Billings, for plaintiff and respondent.

WEBER, Justice.

This appeal arises from a verdict following a jury trial in the Thirteenth Judicial District, Yellowstone County, Montana. The jury returned a verdict for plaintiff, finding that defendant had violated the covenant of good faith and fair dealing in its discharge of Mr. Heltborg. Defendant appeals. We reverse and remand.

The issues are:

1. Did the District Court err in allowing plaintiff's expert witness to render legal

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