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FADNESS v. CODY

No. 97-327.

951 P.2d 584 (1997)

Wilbur A. FADNESS, individually and as successor in interest to Mildred H. Fadness, Plaintiff and Appellant, v. Dorothy CODY, Roger J. Wimmer, d/b/a Roosevelt County Abstract, Defendants and Respondents.

Supreme Court of Montana.

Decided December 30, 1997.

Attorney(s) appearing for the Case

Z. Kent Sullivan, Sullivan & Tabaracci, Missoula, For Plaintiff and Appellant.

Ralph J. Patch, Wolf Point, for Dorothy Cody.

Robert M. Knight, Knight, Masar & Poore, Missoula, for Roger J. Wimmer, d/b/a Roosevelt County Abstract.

TRIEWEILER, Justice.

Wilbur A. Fadness and Mildred H. Fadness appeal from the judgment of the Fifteenth Judicial District Court, Roosevelt County, granting summary judgment to Dorothy Cody and Roger Wimmer based on collateral estoppel and the Fadnesses' failure to set forth sufficient facts to establish liability. We reverse.

The issue raised on appeal is whether the District Court erred when it granted summary judgment...

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