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HABETS v. SWANSON

No. 99-269.

16 P.3d 1035 (2000)

2000 MT 367

Glen HABETS, Plaintiff, Counterdefendant, and Respondent, v. John K. SWANSON, and Jeanne T. Swanson, and Joette L. Swanson, Defendants, Counterclaimants, and Appellants. John K. Swanson and Jeanne T. Swanson, Third-Party Plaintiffs and Appellants, v. Farmers Union Central Exchange, Inc., n/k/a Cenex, Third-Party Defendant and Respondent.

Supreme Court of Montana.

Decided December 28, 2000.

Rehearing Denied February 1, 2001.

Attorney(s) appearing for the Case

Robert J. Emmons, Emmons & Sullivan, Great Falls, MO, For Appellant.

Thane P. Johnson, Werner, Epstein & Johnson, Cut Bank, MO, For Glen Habets.

John D. Stephenson and Jon L. Kudrna, Jardine, Stephenson, Blewett & Weaver, P.C., Great Falls, MO, For Farmers Union Central Exchange, Inc.

Justice JIM REGNIER delivered the opinion of the Court.

¶ 1 John K. and Jeanne T. Swanson (hereinafter "Swansons") appeal from the Order Determining Pre-Trial Questions of Law issued by the Ninth Judicial District, Toole County. Swansons contend that the District Court erred when it excluded extrinsic evidence of their 1984 contract with Farmers Union Central Exchange, Inc. (hereinafter "Cenex"). We affirm.

BACKGROUND

¶ 2 On February 1...

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