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DeTIENNE ASSOC. v. MONTANA RAIL LINK

No. 93-349.

862 P.2d 1106 (1993)

DeTIENNE ASSOCIATES LIMITED PARTNERSHIP and Park Plaza Hotel Inc., and Farmers Union Mutual Insurance Company, Plaintiffs, Respondents, and Cross-Appellants, v. MONTANA RAIL LINK, INC., Defendant and Appellant and Cross-Respondent.

Supreme Court of Montana.

Dated October 4, 1993.

Attorney(s) appearing for the Case

Edward A. Murphy, Datsopoulos, MacDonald & Lind, P.C., Missoula, for defendant and appellant.

Robert F. James, James, Gray & McCafferty, Great Falls; Patrick E. Melby, Luxan & Murfitt, Helena, for plaintiffs and respondents.

OPINION AND ORDER

GRAY, Justice.

This matter is before us on Respondents' Motion to Dismiss the appeal filed by Appellant Montana Rail Link, Inc. (MRL). The facts necessary for a determination of the motion are not disputed. The parties argue differing interpretations of our cases and of the appropriate interplay between Rules 6(e) and 6(a) of the Montana Rules of Civil Procedure.

Respondents (hereafter Park Plaza) prevailed in the underlying action...

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