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MOORE v. IMPERIAL HOTELS CORP.

No. 96-406.

948 P.2d 211 (1997)

Linda Lee MOORE and H. Gary Moore, Plaintiffs and Appellants, v. IMPERIAL HOTELS CORPORATION, Defendant and Respondent.

Supreme Court of Montana.

Decided October 23, 1997.

Attorney(s) appearing for the Case

Jack E. Sands, Billings, for Plaintiffs and Appellants.

John O. Mudd and Lucy T. France, Garlington, Lohn & Robinson, Missoula, for Defendant and Respondent.

REGNIER, Justice.

This is an appeal by Linda Lee Moore and H. Gary Moore from the Yellowstone County District Court's November 13, 1996, order requiring the Moores to post a $5,000 bond to secure payment of Imperial Hotels Corporation's costs on appeal. We reverse and remand.

The issue on appeal is whether the District Court abused its discretion in requiring the Moores to post a $5,000 bond to cover anticipated attorney fees for an appeal as an element of...

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