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BURNS v. A CASH CONST. LIEN BOND

No. 99-516.

8 P.3d 795 (2000)

2000 MT 233

Gordon C. BURNS and P. Sean Burns, Plaintiffs and Appellants, v. A CASH CONSTRUCTION LIEN BOND posted by Helena Coach House Partnership filed under cause no. CDV-98-28, Defendant and Respondent.

Supreme Court of Montana.

Decided August 24, 2000.

Attorney(s) appearing for the Case

Michael Scott Winsor; Winsor Law Firm, Helena, Montana, For Appellants.

Jock O. Anderson; Gough, Shanahan, Johnson & Waterman, Helena, Montana, For Respondent.

Justice W. WILLIAM LEAPHART delivered the Opinion of the Court.

¶ 1 Gordon and Sean Burns (the Burnses) appeal the judgment and order of the First Judicial District Court.

¶ 2 We affirm.

¶ 3 We restate the issues as follows:

¶ 4 Whether the District Court erred in determining that Gordon and Sean Burns did not have valid construction liens.

¶ 5 Whether Respondent waived the defense of timeliness by failing to...

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