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WYMO LAND CO. v. LUGGIE

No. 97-665.

955 P.2d 171 (1998)

1998 MT 50

WYMO LAND COMPANY, Plaintiff and Respondent, v. Rita L. LUGGIE and Joseph A. Luggie, Defendants, Third-Party Plaintiffs and Appellants. Theresa K. MULLALY, Defendant and Respondent, v. Tyrone D. HULTBERG, d/b/a Real Estate Unlimited, Third-Party Defendant and Respondent.

Supreme Court of Montana.

Decided March 10, 1998.

Attorney(s) appearing for the Case

W. Arthur Graham, Quentin M. Rhoades; Sullivan & Tabaracci, Missoula, for Appellants.

Martin S. King; Worden, Thane & Haines, Missoula, for Theresa K. Mullaly.

William R. Baldassin, Missoula, for Wymo Land Company.

David T. Markette, Hamilton, for Tyrone D. Hultberg.

LEAPHART, Justice.

¶ 1 Appellants Rita L. and Joseph A. Luggie (the Luggies) appeal from the order of the Twenty-First Judicial District Court granting summary judgment in favor of Respondents Theresa Mullaly (Mullaly) and Wymo Land Company (Wymo). We affirm.

¶ 2 The Luggies raise the following issues on appeal:

¶ 3 1. Did the District Court err in holding that the right of first refusal on parcel 14-10 merged into the subsequent contract...

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