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DOUG JOHNS REAL ESTATE, INC. v. BANTA

No. 90-119.

805 P.2d 1301 (1990)

DOUG JOHNS REAL ESTATE, INC., a Montana Corporation, Plaintiff and Appellant, v. Vester R. BANTA and Theila C. Banta, Defendants and Respondents.

Supreme Court of Montana.

Decided October 30, 1990.

Attorney(s) appearing for the Case

Daniel D. Johns, Murphy, Robinson, Heckathorn & Phillips, Kalispell, for plaintiff and appellant.

Linda Osorio St. Peter, Missoula, for defendants and respondents.

SHEEHY, Justice.

In this case we reverse the order of the District Court, Eleventh Judicial District, Flathead County, which dismissed the plaintiff's complaint under Rule 41(b), M.R. Civ.P. for lack of prosecution.

Doug Johns Real Estate, Inc., (Johns) is a Montana corporation doing business as a real estate broker in Kalispell, Montana. On June 15, 1987, Vester R. Banta and Theila C. Banta executed and delivered to Johns a standard listing contract, listing...

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