BIO-SEPTIC SYSTEMS, LLC v. WEISS

No. 02-240.

60 P.3d 943 (2002)

313 Mont. 136

2002 MT 318

BIO-SEPTIC SYSTEMS, LLC, Plaintiff and Respondent, and Terry J. Cullinan, Plaintiff and Appellant, v. Max WEISS, Defendant and Respondent.

Supreme Court of Montana.

Decided December 19, 2002.


Attorney(s) appearing for the Case

Timothy D. Geiszler, Geiszler & Newcomer, PLLP, Missoula, Montana, For Appellant.

James A. Manley, Manley Law Firm, Polson, Montana (Weiss), William T. Wagner, Garlington, Lohn & Robinson, Missoula, Montana (Bio-Septic), For Respondents.


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

¶ 1 Terry J. Cullinan appeals from the Findings of Fact, Conclusions of Law and Judgment of the Fourth Judicial District Court, Missoula County. We affirm.

¶ 2 The following issues are raised on appeal:

¶ 3(1) Whether the District Court erred in finding that Terry Cullinan acted vexatiously, arbitrarily, or not in good faith, or otherwise breached his fiduciary duties to...

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