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C. HAYDON LTD. v. MONTANA MIN. PROPERTIES

No. 93-197.

864 P.2d 1253 (1993)

C. HAYDON LIMITED and Dr. K.M. Clews, Plaintiffs and Respondents, v. MONTANA MINING PROPERTIES, INC., a Montana corporation; et al., Defendants, Third-Party Plaintiffs and Appellants, v. Frank CROWLEY, Third-Party Defendant, and W.D. Murray, Jr., Third-Party Defendant and Respondent.

Supreme Court of Montana.

Decided December 7, 1993.

Attorney(s) appearing for the Case

Joan E. Cook, Miller & Cook, Great Falls, for appellants.

Greg J. Skakles, Johnson, Skakles & Kebe, Anaconda; W.D. Murray, Jr., Butte, David M. McLean, Knight, Dahood, McLean, Everett & Dayton, Anaconda, for respondents.

HARRISON, Justice.

This is an appeal from the District Court of the Second Judicial District, Silver Bow County. Appellant Montana Mining Properties, Inc. (MMPI) appeals from a motion granted in favor of W.D. Murray, Jr. (Murray) to dismiss for failure to comply with Rule 9(b), M.R.Civ.P., and from an order granting Murray summary judgment pursuant to Rule 56(c), M.R.Civ.P. We affirm.

The issues are:

1. Did...

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