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ZIMMERMAN v. CONNOR

No. 97-530.

958 P.2d 1195 (1998)

1998 MT 131

Michael J. ZIMMERMAN and Gail L. Zimmerman, Plaintiffs/Appellants, v. Kevin CONNOR, d/b/a Kevin Connor Construction, Defendant/Respondent.

Supreme Court of Montana.

Decided May 28, 1998.

Attorney(s) appearing for the Case

John C. Doubek, Small, Hatch, Doubek & Pyfer, Helena, for Appellant.

John P. Poston, Harrison, Loendorf, Poston & Duncan, Helena, for Respondent.

NELSON, Justice.

¶ 1 This is an appeal from the decision and order on motion to dismiss of the First Judicial District Court, Lewis and Clark County, dated August 18, 1997, wherein the court granted defendant's motion to dismiss plaintiffs' complaint on the basis that the complaint raises matters involving compulsory counterclaims in a related cause of action. We affirm.

BACKGROUND

¶ 2 In April 1996, Kevin Connor, d/b/a Kevin Connor Construction...

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