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DUENSING v. TRAVELER'S COMPANIES

No. 92-203.

849 P.2d 203 (1993)

Stanley DUENSING and David Duensing, a general partnership, d/b/a The Parrot Confectionery, Plaintiffs and Appellants, v. The TRAVELER'S COMPANIES, a Connecticut corporation, Defendant, Respondent and Cross-Appellant.

Supreme Court of Montana.

Decided March 29, 1993.

Attorney(s) appearing for the Case

W. William Leaphart, Leaphart, Lephart, Law Firm, Helena, for plaintiffs and appellants.

James R. Walsh, Robert J. Vermillion, Smith, Walsh, Clarke & Gregoire, Great Falls, for defendant and respondent.

GRAY, Justice.

Stanley and David Duensing appeal from an order of the First Judicial District Court, Lewis and Clark County, granting summary judgment in favor of the Travelers Companies. On cross-appeal, the Travelers Companies asserts an alternative basis for the granting of summary judgment in its favor. We reverse and remand.

We state the issues on appeal as follows:

1) Did the District Court err in granting summary judgment in favor of the Travelers...

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