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EMPIRE LATH & PLASTER v. AMERICAN CAS.

No. 92-090.

847 P.2d 276 (1993)

EMPIRE LATH & PLASTER, INC., Plaintiff and Respondent, v. AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, Defendant and Appellant.

Supreme Court of Montana.

Decided February 11, 1993.

Rehearing Denied March 4, 1993.

Attorney(s) appearing for the Case

Richard J. Andriolo, Berg, Lilly, Andriolo & Tollefsen, Bozeman, for Defendant and Appellant.

P. Bruce Harper, Billings, for Plaintiff and Respondent.

TRIEWEILER, Justice.

Defendant American Casualty Company of Reading, Pennsylvania (American Casualty), appeals from a default judgment of $58,049.40, entered in favor of Empire Lath & Plaster, Inc. (Empire) on November 6, 1991, in the Thirteenth Judicial District Court, Yellowstone County. American Casualty's subsequent motion to set aside the judgment was deemed denied pursuant to Rule 60(c), M.R.Civ.P., when the District...

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