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  5. 823 P.2d 845 (1991)
 

RAE SUBDIVISION v. FRANK J. TRUNK & SON

No. 91-228.

823 P.2d 845 (1991)

RAE SUBDIVISION COUNTY WATER & SEWER DISTRICT NO. 313, a Montana public service corporation, Plaintiff and Respondent, v. FRANK J. TRUNK & SON, a Montana partnership; Frank J. Trunk, Jr., Patricia A. Trunk; and Marie Doting, Defendants and Appellants.

Supreme Court of Montana.

Decided December 4, 1991.

Rehearing Denied March 9, 1992.

Attorney(s) appearing for the Case

Brian H. Gallik (argued), James H. Goetz, Goetz, Madden & Dunn, J. David Penwell, John Brown, Cok & Wheat, Bozeman, for defendants and appellants.

Michael J. Lilly (argued), Berg Law Firm, Bozeman, for plaintiff and respondent.

TRIEWEILER, Justice.

RAE Subdivision Water and Sewer District (RAE) sued the Trunks in the Eighteenth Judicial District Court in Gallatin County to collect "annual assessments" for the retirement of bonded indebtedness. The parties stipulated to relevant facts and then filed separate summary judgment motions. The District Court granted RAE's motion and denied the Trunks' motion. The Trunks unsuccessfully moved for reconsideration, and now appeal. We reverse.

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