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WHALEN v. TAYLOR

No. 95-540.

925 P.2d 462 (1996)

Timothy J. WHALEN, d/b/a Shannon Rose Apartments, Plaintiff and Appellant, v. John Lewis TAYLOR, Defendant, Respondent, and Cross Appellant.

Supreme Court of Montana.

Decided September 26, 1996.

Rehearing Denied October 24, 1996.

Attorney(s) appearing for the Case

John A. Hauf, Hauf & Forsythe, Billings, for Appellant.

Elizabeth Halverson, Montana Legal Services, Billings, for Respondent.

NELSON, Justice.

Plaintiff, Timothy J. Whalen, (Whalen) initiated this suit in Justice Court for possession of rental property, damages, and attorney fees. Following a trial de novo, the District Court for the Thirteenth Judicial District, Yellowstone County, entered judgment for Defendant, John Lewis Taylor, (Taylor) and awarded Taylor damages and possession of property. From that judgment, Whalen appeals and Taylor cross appeals. We affirm in part, reverse in part...

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