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CUT BANK v. TOM PATRICK CONST., INC.

No. 97-718.

963 P.2d 1283 (1998)

1998 MT 219

CITY OF CUT BANK, State of Montana, Plaintiff and Appellant, v. TOM PATRICK CONSTRUCTION, INC., Defendant and Respondent.

Supreme Court of Montana.

Decided September 3, 1998.

Attorney(s) appearing for the Case

Robert G. Olson; Frisbee, Moore & Olson, Cut Bank, for Plaintiff and Appellant.

Brian Lilletvedt; Bosch, Kuhr, Dugdale, Martin & Kaze, Havre, for Defendant and Respondent.

LEAPHART, Justice.

¶ 1 City of Cut Bank (Cut Bank) appeals from the decision of the Ninth Judicial District Court, Glacier County, dismissing with prejudice Cut Bank's complaint based upon the United States Supreme Court's decision in Doctor's Associates, Inc. v. Casarotto (1996), 517 U.S. 681, 116 S.Ct. 1652, 134 L.Ed.2d 902 (Casarotto). More specifically, the District Court determined that the transaction

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