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WRB-WEST v. MADISON ADDITION INVESTMENTS

No. 94-355.

893 P.2d 340 (1995)

WRB-WEST ASSOCIATES, INC., a Texas Corporation; and WRB-West Associates, Joint Venture, a Texas Joint Venture, Plaintiffs and Appellants, v. MADISON ADDITION INVESTMENTS LIMITED PARTNERSHIP, an Idaho Limited Partnership; John Costello; Jerald S. Schmier; Fred J. Hahn; Richard G. Hahn; Rocco P. Cifrese, M.D.; Sara Ashman Cifrese, M.D.; P.A. Pension Trust; Robert E. Farnam; William D. Faler; Charles A. Homer; Bruce Soelberg; Frank Gustin; Gaylord V. Smith; Kevin T. Sullivan; Tony Marcon; and Chuck Beck, Defendants, Respondents, and Cross-Appellants.

Supreme Court of Montana.

Decided April 25, 1995.

Attorney(s) appearing for the Case

Michael J. Lilly, Berg, Lilly, Andriolo & Tollefsen, Bozeman, for appellants.

John G. Crist, Dorsey & Whitney, Billings, for Madison Addition Investments and John Costello.

James M. Kommers, Kommers, Kasting & Roth, Bozeman, for Individual Ltd. Partners.

TRIEWEILER, Justice.

Plaintiffs WRB-West Associates, Inc., and WRB-West Associates, Joint Venture, filed this complaint in the District Court for the Eighteenth Judicial District in Gallatin County to recover damages from the defendant, John Costello, which it alleged were caused by breach of Costello's fiduciary duty. Following a nonjury trial, the District Court found that Costello had no fiduciary duty to the plaintiffs and entered judgment for the defendants....

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