COURCHANE v. KUNTZ

No. 90-209.

806 P.2d 12 (1990)

Greg D. and Nancy COURCHANE, Plaintiffs and Appellants, v. Ronald L. and Susan K. KUNTZ, and Flynn Realty, Inc., a Montana Corporation, Defendants and Respondents.

Supreme Court of Montana.

Decided October 15, 1990.


Attorney(s) appearing for the Case

Robert D. Morrison, Morrison, Young, Melcher, Brown & Richardson, Havre, for plaintiffs and appellants.

William Conklin, Great Falls, James O'Brien, Missoula, for defendants and respondents.


SHEEHY, Justice.

Greg and Nancy Courchane appeal from the judgment of the District Court, Twelfth Judicial District, Hill County, dismissing their claims against Flynn Realty, Inc. pursuant to Rule 41(e), M.R.Civ.P. We affirm the District Court.

The sole issue raised by appellants is whether the District Court properly interpreted Rule 41(e) to prohibit the addition of a new defendant to an action more than three years after its commencement.

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