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CASAROTTO v. LOMBARDI

No. 93-488.

901 P.2d 596 (1995)

Paul CASAROTTO and Pamela Casarotto, Plaintiffs and Appellants, v. Nick LOMBARDI and Doctor's Associates, Inc., Defendants and Respondents, and Daniel L. and Deb Hudson, and D & D Subway Corporation, Defendants.

Supreme Court of Montana.

Decided August 31, 1995.

Attorney(s) appearing for the Case

Grant D. Parker (argued) and Philip D. Tawney, Mullendore, Tawney & Watt, Missoula, for appellants.

Alan G. Schwartz (argued) and Ian E. Bjorkman, Wiggin & Dana, New Haven, CT. L.D. Nybo, Conklin, Nybo, Leveque & Murphy, Great Falls, for respondents.

Lawrence Anderson, Great Falls, for amicus curiae, Montana Trial Lawyers Association.

Michael A. Bowen and Michael G. McCarty, Foley & Lardner, Milwaukee, WI, for amici curiae, International Franchise Association; Securities Industry Association; Snap-On Tools Corporation).

TRIEWEILER, Justice.

Plaintiffs Paul and Pamela Casarotto filed this suit in the District Court for the Eighth Judicial District in Cascade County to recover damages which they claim were caused by the defendants' breach of contract and tortious conduct. Defendants Nick Lombardi and Doctor's Associates, Inc., (DAI) moved the District Court for an order dismissing plaintiffs' complaint, or in the alternative, staying further judicial proceedings pending arbitration...

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