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GUTENKAUF v. MILLS-JENNINGS CO.

No. CV 88-164-BLG-JFB.

784 F.Supp. 1520 (1990)

James H. GUTENKAUF, Plaintiff, v. MILLS-JENNINGS COMPANY, a Nevada corporation, and Ramsey Construction & Fabricating Co., Inc., an Oklahoma corporation, Defendants. MILLS-JENNINGS COMPANY, a Nevada corporation, and Ramsey Construction & Fabricating Co., Inc., an Oklahoma corporation, Counterclaim Plaintiffs, v. James H. GUTENKAUF, and Loren D. Munn, Counterclaim Defendants.

United States District Court, D. Montana, Billings Division.

August 27, 1990.

Attorney(s) appearing for the Case

Mark E. Noennig, Hendrickson & Everson, Billings, Mont., for plaintiff.

Terry Spear, Billings, Mont., for Loren D. Munn.

Eula Compton, Bozeman, Mont., for defendants.

MEMORANDUM AND ORDER

BATTIN, Senior District Judge.

This case arises out of a complex factual setting which has been further complicated by the parties' seeming propensity to confuse conjecture and fact. The court will attempt to clarify the basic facts, as follows. Additional facts are set forth later in this Memorandum, as they become relevant to the Court's analysis.

In the spring of 1987, defendant Mills-Jennings Corporation ("Mills-Jennings...

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