MARTIN v. DORN EQUIPMENT CO., INC.

No. 91-021.

821 P.2d 1025 (1991)

John H. MARTIN and Peggy Martin, Plaintiffs and Appellants, v. DORN EQUIPMENT COMPANY, INC., and Sperry-New Holland, Defendants and Respondents.

Supreme Court of Montana.

Decided November 14, 1991.


Attorney(s) appearing for the Case

J. David Penwell, Bozeman, for plaintiffs and appellants.

Michael W. Tolstedt, Anderson, Brown, Gerbase, Cebull, Fulton, Harman & Ross, Billings, W. Lee Stokes, Bozeman, for defendants and respondents.


GRAY, Justice.

John and Peggy Martin appeal from the October 24, 1990, order of the Sixth Judicial District Court, Park County, granting the motion of Dorn Equipment Company, Inc. and Sperry-New Holland (collectively, the respondents) for summary judgment. We affirm in part, and reverse and remand in part.

The issues raised on appeal are whether the District Court erred in granting summary judgment by:

1. failing to consider the deposition of Richard...

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