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KONITZ v. CLAVER

No. 97-251.

954 P.2d 1138 (1998)

1998 MT 27

Tom and Nikki KONITZ, Plaintiffs and Respondents, v. Terry CLAVER, d/b/a Glassco Lumber,

Supreme Court of Montana.

Decided February 12, 1998.

Rehearing Denied March 12, 1998.

Attorney(s) appearing for the Case

Patrick F. Flaherty, Great Falls, for Defendant and Appellant.

Monte J. Boettger, Lewistown, for Plaintiffs and Respondents.

TRIEWEILER, Justice.

¶ 1 Tom and Nikki Konitz filed a complaint in the District Court for the Tenth Judicial District in Judith Basin County to recover payment for the sale of timber to Terry Claver. Claver filed a counterclaim in which he asserted that the timber was defective. Konitzes moved for summary judgment and filed affidavits in support of the motion. The District Court granted Konitzes' motion for summary judgment and dismissed Claver's counterclaim...

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