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WIESNER v. BBD PARTNERSHIP

No. 92-278.

845 P.2d 120 (1993)

Robert WIESNER and Frank Hartman, Jr., Plaintiffs and Appellants, v. BBD PARTNERSHIP, a Montana general partnership and Doug Feller, Rodger Wilson, Robert Taylor, and Melvin McNea, Individually, Defendants and Respondents.

Supreme Court of Montana.

Decided January 12, 1993.

Attorney(s) appearing for the Case

Terry Spear, Matovich, Addy & Keller, Billings, for Plaintiffs and appellants.

Rodney T. Hartman, Herndon, Hartman, Sweeney & Halverson, Billings, for Defendants and respondents.

HARRISON, Justice,

This is an appeal from a judgment entered after a non-jury trial in the Thirteenth Judicial District, Yellowstone County, the Honorable Robert W. Holmstrom presiding. The District Court found the parties to be joint venturers and denied appellants' claim for usury penalties. We affirm.

The dispositive issues on appeal are:

1. Did the District Court err in finding that the parties were involved in a joint venture?

2. Should...

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