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ESTATE OF SCHWABE v. CUSTER'S INN ASSOCIATES, LLP

No. 99-353.

15 P.3d 903 (2000)

2000 MT 325

David H. SCHWABE, as Personal Representative of the ESTATE OF Mark David SCHWABE, Deceased, Plaintiff and Appellant, v. CUSTER'S INN ASSOCIATES, LLP, and DBSI Realty Corporation, Defendants and Respondents.

Supreme Court of Montana.

Decided December 12, 2000.

Rehearing Denied January 11, 2001.

Attorney(s) appearing for the Case

Robert L. Stephens, Jr.; Richard J. Carstensen, Billings, MO., For Appellant.

J. Robert Planalp, Landoe, Brown, Planalp, Braaksma & Reida, Bozeman, MO., For Respondents.

Justice JAMES C. NELSON delivered the Opinion of the Court.

¶ 1 David H. Schwabe, as personal representative of the estate of Mark David Schwabe (hereinafter the Estate), appeals the summary judgment entered in favor of Custer's Inn Associates, LLP, and DBSI Realty Corporation (hereinafter collectively referred to as Custer's Inn), by the Sixteenth Judicial District Court, Custer County. The court determined that no material facts remained in dispute concerning...

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