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SCHELSKE v. CREATIVE NAIL DESIGN, INC.

No. 96-153.

933 P.2d 799 (1997)

Mischelle SCHELSKE and Rick Schelske, Plaintiffs and Appellants, v. CREATIVE NAIL DESIGN, INC., a foreign corporation; OPI Products, Inc., a foreign corporation; Clairol, Inc., a foreign corporation, Helene Curtis, Inc., a foreign corporation; Nexxus Products Company, a foreign corporation; The ADU Company, a foreign corporation; Revlon Professional Products, Inc., a foreign corporation; Cosmetic Arts, a foreign corporation; American International, a foreign corporation; Sebastian International, a foreign corporation; Unit Chemical Corporation, a foreign corporation; Paul Mitchell (Bocchi Laboratories); Matrix Essentials, Inc., a foreign corporation; Malibu 2000, a foreign corporation; Highland Corporation, a foreign corporation; Capital Hill Mall Partnership, a Utah limited partnership; JC Penney Company, Inc., a foreign corporation; Palmer Duncan Construction Company, a Montana corporation; and Does and Roes One Through Ten, Defendants and Respondents.

Supreme Court of Montana.

Decided January 2, 1997.

Order Denying Rehearing April 1, 1997.

Attorney(s) appearing for the Case

John C. Doubek, Small, Hatch, Doubek & Pyfer, Helena, for Plaintiffs and Appellants.

Randy J. Cox, Boone, Karlberg & Haddon, Missoula, Susan P. Roy, Garlington, Lohn & Robinson, Missoula, Ronald F. Waterman, Gough, Shanahan, Johnson & Waterman, Helena, for Defendants and Respondents.

ERDMANN, Justice.

Mischelle and Rick Schelske appeal from the amended order granting summary judgment in favor of the defendant manufacturers as entered by the First Judicial District Court, Lewis and Clark County. We affirm.

The issue on appeal is as follows:

Did the District Court properly grant summary judgment in favor of the defendants?

A. Did the District Court correctly conclude that the Schelskes failed to comply with the Case Management...

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