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JARRETT v. VALLEY PARK, INC.

No. 95-417.

922 P.2d 485 (1996)

Maurice JARRETT, Harry S. Walls, Judith S. Kennedy, Ken Kivlin, Joan Bell, Elizabeth M. Brogan, William Brooks, Jake Crounse, Annette Dunseth, Henry and Mary Endler, Edgar H. Greene, Thomas and Ann Jochum, Kenneth and Myrna Kautz, Elwood T. Kennedy, Edward Lenahan, William McCostlin, Joe Mullins, Jerry and Alpha Myers, Vince and Olga Orme, Carrie Pasewark, Carl and Betty Penly, John and June Roach, Delphin and Rosario Santos, Doug Stein, Eunice and Betty Taylor, and Kevin Roberts, Plaintiffs and Respondents, v. VALLEY PARK, INC. and St. Marie Village Association, Inc., Defendants and Appellants.

Supreme Court of Montana.

Decided July 25, 1996.

Attorney(s) appearing for the Case

J. David Penwell, Bozeman, for Appellants.

Kathleen H. Richardson; Young, Brown & Richardson, Havre, for Respondents.

GRAY, Justice.

Valley Park, Inc. and St. Marie Village Association, Inc. appeal from the judgment entered on the order of the Seventeenth Judicial District Court, Valley County, granting the plaintiffs' motion for summary judgment and permanently enjoining enforcement of the restrictive covenant at issue. We reverse and remand with instructions.

We restate the issues on appeal as follows:

1. Did the District Court err in granting the plaintiffs' motion...

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