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MISSOULA YWCA v. BARD

No. 98-256.

983 P.2d 933 (1999)

1999 MT 177

MISSOULA YWCA, Plaintiff and Appellant, v. Allen BARD, Defendant and Respondent.

Supreme Court of Montana.

Submitted April 20, 1999.

Decided July 27, 1999.

Attorney(s) appearing for the Case

Jon E. Ellingson (argued), Missoula, Montana, for Appellant.

R.J. "Jim" Sewell, Jr., Bruce Spencer (argued), Smith Law Firm, Helena, Montana, for Respondent.

Klaus D. Sitte (argued), Missoula, Montana (Montana Legal Services Association); Judith Wang (argued), Missoula, Montana (Missoula Family Violence Council), for Amicus.

Justice WILLIAM E. HUNT, SR. delivered the Opinion of the Court.

¶ 1 This action was commenced in the District Court for the Third Judicial District, Powell County, to collect attorney fees incurred by the now deceased Julia Marquis from her surviving husband, Allen Bard. The complaint alleged that the attorney fees were incurred for necessities of life, as defined by § 40-2-210, MCA. But the District Court concluded...

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