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RIEGER v. COLDWELL

No. 91-481.

839 P.2d 1257 (1992)

Wayne K. RIEGER, Plaintiff and Appellant, v. Walter COLDWELL, d/b/a Coldwell Electric, Defendant and Respondent.

Supreme Court of Montana.

Decided August 25, 1992.

Rehearing Denied November 16, 1992.

Attorney(s) appearing for the Case

Calvin J. Stacey, Keefer, Roybal, Stacey & Walen, Billings, Hank D. Buelow, Miles City, for plaintiff and appellant.

Randall G. Nelson and Michael K. Rapkoch, Felt, Martin, Frazier & Lovas, Billings. for defendant and respondent.

TRIEWEILER, Justice.

Plaintiff Wayne Rieger appeals from the judgment entered in the District Court of the Sixteenth Judicial District, Fallon County, in favor of defendant Walter Coldwell. We reverse.

Rieger raises a number of issues on appeal. However, the following issues are dispositive:

1. Was defense counsel's demonstration in front of the jury during closing argument improper and prejudicial?

2. Did the District Court err when it excluded...

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