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BRINKMAN & LENON v. P & D LAND ENTERPRISES

No. 93-346.

867 P.2d 1112 (1994)

BRINKMAN AND LENON, ARCHITECTS AND ENGINEERS, Plaintiff and Respondent, v. P & D LAND ENTERPRISES, a joint venture by NDI, Inc., and Minnesota Trust Company of Austin, a Minnesota Corp., Defendants and Appellants.

Supreme Court of Montana.

Decided February 1, 1994.

Attorney(s) appearing for the Case

A. Clifford Edwards, Kevin M. Funyak, Edwards Law Firm, Billings, for defendants and appellants.

Debra D. Parker, Kendra L. Kawaguchi, Murphy, Robinson, Heckathorn & Phillips, Kalispell; Peter D. Plunkett, Warren F. Plunkett & Associates, Austin, Minnesota; and David M. Ortley, Kalispell, for plaintiff and respondent.

GRAY, Justice.

In this case, we conclude that the District Court erred in granting summary judgment to plaintiff Brinkman & Lenon because plaintiff failed to meet its initial burden of establishing the absence of genuine issues of material fact. Therefore, we reverse and remand.

The facts necessary to our resolution of this case are straightforward. Brinkman and Lenon, Architects and Engineers (Brinkman), entered...

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