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MONTANA METAL BUILDINGS, INC. v. SHAPIRO

No. 96-661.

942 P.2d 694 (1997)

MONTANA METAL BUILDINGS, INC., Plaintiff and Respondent, v. David A. SHAPIRO, Individually and d/b/a Bridger Aviation Services, Defendant and Appellant.

Supreme Court of Montana.

Decided July 15, 1997.

Attorney(s) appearing for the Case

Robert Cameron, Gregory O. Morgan; Morgan, Cameron & Weaver, Bozeman, for Defendant and Appellant.

Steven R. Milch; Crowley, Haughey, Hanson, Toole & Dietrich, Billings, Terry B. Cosgrove, Michael E. Frank; Crowley, Haughey, Hanson, Toole & Dietrich, Helena, for Plaintiff and Respondent.

GRAY, Justice.

David A. Shapiro (Shapiro) appeals from the order and decree entered by the Eighteenth Judicial District Court, Gallatin County, which granted the cross-motion for summary judgment filed by Montana Metal Buildings, Inc. (MMB) and foreclosed its construction lien. We reverse.

The issue on appeal is whether the District Court erred in granting MMB's cross-motion for summary judgment.

FACTUAL BACKGROUND

On April 14, 1994, MMB...

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