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TEMPLE v. CHEVRON, U.S.A. INC.

No. 91-139.

840 P.2d 561 (1992)

Joe TEMPLE, Plaintiff and Appellant, v. CHEVRON U.S.A. INC., a corporation, CHEVRON INDUSTRIES, INC., a corporation and MANVILLE SALES CORPORATION, a Delaware corporation, Defendants and Respondents.

Supreme Court of Montana.

Decided July 30, 1992.

Attorney(s) appearing for the Case

Gene R. Jarussi, Jarussi & Bishop, Billings, for plaintiff-appellant.

Jeanne M. Bender and Kyle A. Gray, Holland & Hart, Billings, for defendants-respondents.

GRAY Justice.

Appellant Joe Temple appeals the order and judgment of the Thirteenth Judicial District Court, Stillwater County, dismissing his complaint styled as an Equitable Bill of Discovery. We affirm.

We restate the issues on appeal as follows:

1. Is a cause of action known as an equitable bill of discovery cognizable under Montana law?

2. Did the District Court err in dismissing appellant's complaint for an equitable bill of discovery...

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