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FIRS HOLDING CO., INC. v. LEMLEY

No. 95-214.

901 P.2d 571 (1995)

FIRS HOLDING CO., INC., a Montana Corporation; and Terry L. McKay, Plaintiffs and Appellants, v. Michael LEMLEY; RX Enterprises, Inc., a Montana Corporation, Defendants and Respondents.

Supreme Court of Montana.

Decided August 22, 1995.

Attorney(s) appearing for the Case

James R. Graves, Ingrid Gustafson, Oliver, Graves, Toennis & Gustafson, Billings, for appellant.

Mark D. Parker; Parker Law Firm, Billings, for respondent.

LEAPHART, Justice.

In this appeal, FIRS Holding Co., Inc., questions whether a District Court Judge who did not preside over the trial in the first instance may amend the Findings of Fact without the benefit of a transcript of the proceedings. We reverse.

BACKGROUND

FIRS Holding and Terry McKay filed this suit against Michael Lemley alleging, inter alia, bad faith with regard to the capitalization of FIRS Holding, an entity which had been formed...

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