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STATE MED. OXYGEN v. AMERICAN MED. OXYGEN

No. 92-249.

844 P.2d 100 (1992)

STATE MEDICAL OXYGEN AND SUPPLY, INC., a Montana corporation, Plaintiff and Appellant, v. AMERICAN MEDICAL OXYGEN CO., a Montana corporation; J.C. Lyndes, Gary Gomez, and Ronald Wright, Defendants and Respondents.

Supreme Court of Montana.

Decided December 17, 1992.

Attorney(s) appearing for the Case

Brian L. Delaney and P. Mars Scott, Mulroney, Delaney & Scott, Missoula, for plaintiff and appellant.

Michael G. Moses, Moses Law Firm, Philip P. McGimpsey, Billings, for defendants and respondents.

TURNAGE, Chief Justice.

State Medical Oxygen and Supply, Inc. (State Medical), appeals an order granting partial dismissal and partial summary judgment in favor of American Medical Oxygen Co. (American Medical). The order was entered in the Second Judicial District, Silver Bow County. We reverse and remand.

The issues raised by the parties to this appeal are:

1. Was the order entered in the Eighth Judicial...

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