FALCON v. FAULKNER

No. 95-083.

903 P.2d 197 (1995)

Don FALCON and Berta Falcon, husband and wife, d/b/a The El Leo Partnership, Plaintiff and Respondent, v. Allen E. FAULKNER, d/b/a, Faulkner Quarter Horses and Ron Thomas as Agent/Employee of Faulkner Quarter Horses, Defendant and Appellant.

Supreme Court of Montana.

Decided September 29, 1995.


Attorney(s) appearing for the Case

Jeffrey M. Murray, Murray Law Firm, Kalispell, for appellant.

Mark Stermitz, Kent P. Saxby, Warden, Christiansen, Johnson & Berg, Kalispell, for respondent.


HUNT, Justice.

Appellant Ron Thomas appeals the decision of the Eleventh Judicial District Court, Flathead County, denying his motion to set aside a default judgment. We affirm.

The following issues are raised on appeal:

1. Did the District Court err in failing to find that respondent Falcon had committed fraud upon the court?

2. Did the District Court err in failing to find sufficient "other reasons" existed to warrant setting aside the default...

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