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KRAFT v. HODSON

No. 91-478.

836 P.2d 1234 (1992)

Joe KRAFT d/b/a Holiday Realty, Plaintiff and Appellant, v. Inez F. HODSON, individually, and as Personal Representative of the Estate of Charles G. Hodson, Elkridge Livestock Co., a Montana corp., and Hodson Ranch Company, a co-partnership, Defendants and Respondents.

Supreme Court of Montana.

Decided September 1, 1992.

Rehearing Denied September 29, 1992.

Attorney(s) appearing for the Case

Douglas C. Allen, Great Falls, A. Clifford Edwards and David R. Paoli, Edwards & Paoli, Billings, for plaintiff and appellant.

Keith Strong, Dorsey & Whitney, Great Falls, for defendants and respondents.

McDONOUGH, Justice.

This is an appeal from an order of the District Court of the Eighth Judicial District, Cascade County, dismissing the plaintiff-appellant Joe Kraft's d/b/a Holiday Realty (Kraft) complaint against the defendants-respondents Inez F. Hodson, et al. (Hodson). We affirm.

The disposing issue is:

Did the District Court err in dismissing Kraft's complaint with prejudice on Hodson's motion to dismiss for failure to state a claim?

...

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