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FIVE U'S, INC. v. BURGER KING CORP.

No. 97-649.

962 P.2d 1218 (1998)

1998 MT 216

FIVE U'S, INCORPORATED, Plaintiff and Appellant, v. BURGER KING CORPORATION, Burger King Operating Limited Partner-Ship, and QSC, II, Inc., Defendants and Respondents.

Supreme Court of Montana.

Decided September 3, 1998.

Attorney(s) appearing for the Case

Andrew J. Utick, Utick & Grosfield, Helena, for Plaintiff and Appellant.

J. Robert Planalp, Landoe, Brown, Planalp & Braaksma, Bozeman, Gary L. Walton, Poore, Roth & Robinson, Butte, Stuart L. Kellner, Hughes, Kellner, Sullivan & Alke, Helena, for Defendants and Respondents.

TURNAGE, Chief Justice.

¶ 1 This is an action for damages for the negligent destruction of a Burger King restaurant by fire. Five U's, Incorporated, appeals from a summary judgment of the First Judicial District Court, Lewis and Clark County, in favor of defendants Burger King Corporation (BKC) and Burger King Operating Limited Partnership (BKOLP). We affirm.

¶ 2 The issues are:

¶ 3 1. Whether the District Court erred in granting summary...

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