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SINCLAIR v. BIG BUD MFG. CO.

No. 93-275.

865 P.2d 264 (1993)

Daniel G. SINCLAIR, Plaintiff and Appellant, and Cross-Respondent, v. BIG BUD MANUFACTURING COMPANY, Big Bud Industries, Inc., the Meissner Brothers Partnership, Meissner Tractors, Inc., Joe Meissner, Paul Meissner, Big Bud Tractors, Inc., and Ron Harmon, individually, Defendants, Respondents and Cross-Appellants.

Supreme Court of Montana.

Decided December 14, 1993.

Attorney(s) appearing for the Case

Elizabeth A. Best, Best Law Offices, Great Falls, for appellant.

L.D. Nybo and Evan Danno, Conklin, Nybo, LeVeque & Murphy, George N. McCabe, Jardine, Stephenson, Blewett & Weaver, Great Falls, for Big Bud Industries, et al.

GRAY, Justice.

This case involves the application of Rule 41(e), M.R.Civ.P., which provides that an action shall not be further prosecuted unless summons is issued within one year of its commencement. We reverse the District Court's refusal to grant a motion to dismiss filed by Big Bud Industries, Inc., Meissner Brothers Partnership, Meissner Tractors, Inc., Joe Meissner, Paul Meissner, Big Bud Tractors, Inc., and Ron Harmon (collectively referred to as the non-BBMC...

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