CARELLI v. HALL

No. 95-465.

926 P.2d 756 (1996)

Martin CARELLI, Plaintiff and Respondent, v. Stanley E. HALL, Gregory L. Stires, and Dale P. Stires, Defendants and Appellants.

Supreme Court of Montana.

Decided November 14, 1996.


Attorney(s) appearing for the Case

Michael K. Rapkoch, Felt, Martin, Frazier & Nelson, Billings, for defendants and appellants.

Rienne H. McElyea, Berg, Lilly, Andriolo & Tollefsen, Bozeman, for plaintiff and respondent.


GRAY, Justice.

Gregory and Dale Stires appeal from the judgment of the Eighteenth Judicial District Court, Gallatin County, awarding Martin Carelli $77,381.08 in damages, costs and attorney's fees in his action on a promissory note and from the underlying order denying their motion for summary judgment. We reverse and remand.

The dispositive issue on appeal is whether the District Court erred in denying Gregory and Dale Stires' motion for summary judgment...

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