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MOUNTAIN WEST FARM BUREAU MUTUAL INS. CO. v. HALL

No. 00-749.

38 P.3d 825 (2001)

2001 MT 314

MOUNTAIN WEST FARM BUREAU MUTUAL INSURANCE COMPANY, Plaintiff, v. Wallace HALL, Glenn Hall and Keltz Hall, Defendants, v. Martin Kilmer and Carolyn Kilmer, Defendants and Appellants, v. Medcenter one, inc., Defendant and Respondent.

Supreme Court of Montana.

Submitted June 19, 2001.

Decided December 31, 2001.

Attorney(s) appearing for the Case

For Appellants: Gene R. Jarussi (argued), Jarussi & Bishop, Billings, MT; Thomas Dickson, Dickson Law Firm, Bismarck, ND.

For Respondents: Jacque Best (argued), Michael Johnson (argued), Habedank Law Firm, Sidney, MT; Timothy Lervick, Rolfson, Schultz, Lervick & Geiermann, Bismarck, ND.

For Amicus Curiae: Katharine S. Donnelley, Brand Boyar, Browning, Kaleczyc, Berry & Hoven, Helena, MT (Association of Montana Health Care Providers).

Justice PATRICIA O. COTTER delivered the Opinion of the Court.

¶ 1 Martin and Carolyn Kilmer (Kilmers) appeal from an order issued by the Seventh Judicial District Court, Richland County, granting Medcenter One, Inc.'s (Medcenter) motion for partial summary judgment. The District Court's order precluded Kilmers from recovering Medcenter's alleged pro rata share of attorney fees from a settlement fund subject to Medcenter's lien. We reverse and remand.

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