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DOWNEY v. CHRISTENSEN

No. 91-305.

825 P.2d 557 (1992)

John Mike DOWNEY, Patrice Downey, Thomas Downey, and the Donut Hole, Plaintiffs and Respondents, v. Denver CHRISTENSEN and Baker Boy Bake Shops, Inc., Defendants and Appellants.

Supreme Court of Montana.

Decided January 28, 1992.

Attorney(s) appearing for the Case

Marshal L. Mickelson, Corette, Pohlman, Allen, Black & Carlson, Butte, Michael J. Maus, Howe, Hardy, Galloway & Maus, Dickinson, N.D., for defendants and appellants.

Curtis Thompson and Sue Ann Love, Jardine, Stephenson, Blewett & Weaver, Great Falls, for plaintiffs and respondents.

HARRISON, Justice.

This is an appeal by Denver Christensen and Baker Boy Bake Shops, Inc. (Baker Boy) from a June 4, 1991, Order of the Second Judicial District Court, Silver Bow County, denying their motions to compel arbitration of the claim filed by John, Patrice, and Thomas Downey and The Donut Hole (the Downeys). We reverse.

Christensen and Baker Boy present the following issue for our review: Did the District Court err in failing to compel the parties...

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