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U.S. FIDELITY AND & GUAR. CO. v. RODGERS

No. 94-186.

882 P.2d 1037 (1994)

UNITED STATES FIDELITY AND GUARANTY COMPANY, a Maryland corporation, Plaintiff and Appellant, v. Thomas E. RODGERS, d/b/a The Clansman, Defendant and Respondent.

Supreme Court of Montana.

Decided October 20, 1994.

Attorney(s) appearing for the Case

Barry G. O'Connell, Moore, O'Connell & Refling, Bozeman, for appellant.

Matthew W. Knierim, Christoffersen & Knierim, Robert Hurly, Glasgow, Donald W. Molloy, Molloy Law Offices, Billings, for respondent.

HUNT, Justice.

The Seventeenth Judicial District Court, Valley County, granted plaintiff United States Fidelity and Guaranty Company's (USF&G) motion for voluntary dismissal and awarded defendant attorney fees and costs. USF&G appeals from that portion of the District Court's memorandum opinion and order which awards fees and costs to defendant. We reverse.

We frame the issues on appeal as follows:

1. Did the amount of discovery conducted by...

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