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KENNEDY v. DAWSON

No. 98-583.

989 P.2d 390 (1999)

1999 MT 265

James C. KENNEDY, Plaintiff/Respondent/Cross-Appellant, v. Melvin E. DAWSON, Peter Formanek, John Does 1 and 2, and all other persons known who claim, or might claim right, title, estate or interest in, or lien or encumbrance upon, the real property described in the Complaint, or any thereof, whether such claim or possible claim, be present or contingent, Defendants/Appellants.

Supreme Court of Montana.

Decided November 2, 1999.

Attorney(s) appearing for the Case

Glenn E. Tremper and James E. Conwel, Church, Harris, Johnson & Williams, P.C.; Great Falls, Montana, C. Thomas Cates, Burch, Porter & Johnson, P.L.L.C.; Memphis, Tennessee, for Appellants.

Lance Lovell and Richard W. Josephson, Josephson & Fredericks; Big Timber, Montana, Sean Smith and R. Dale Hughes, Dow, Lohnes & Alberton, P.L.L.C.; Atlanta, Georgia, for Respondent.

Justice JIM REGNIER delivered the opinion of the Court.

¶ 1 On June 12, 1997, James C. Kennedy filed a complaint against the Defendants in the Fourteenth Judicial District Court, Meagher County. Over a year later, the parties moved for summary judgment. Following a hearing on the motions for summary judgment, the District Court granted summary judgment in favor of Kennedy. The parties appeal from the District Court's decision. We affirm in part and reverse in...

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