AMERICAN MUSIC CO. v. HIGBEE

No. 97-585.

961 P.2d 109 (1998)

1998 MT 150

AMERICAN MUSIC COMPANY and Zollie Kelman, Plaintiffs and Appellants, v. Dennis L. HIGBEE, Maeetta Higbee, and Higbee, Inc., Defendants and Respondents.

Supreme Court of Montana.

Decided June 16, 1998.

As Modified September 15, 1998.


Attorney(s) appearing for the Case

Steven T. Potts, Thompson, Jacobsen & Potts, Great Falls, for Plaintiffs and Appellants.

Gregory J. Hatley, Davis, Hatley, Haffeman & Tighe, Great Falls, for Defendants and Respondents.


TURNAGE, Chief Justice.

¶ 1 American Music Company and Zollie Kelman (collectively, AMC) brought this action seeking a declaratory judgment, preliminary and permanent injunctions, and specific performance of a gaming machine contract. The Eighth Judicial District Court, Cascade County, determined that injunctive relief was not proper in a breach of contract action when pecuniary compensation was contemplated and would...

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