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MONTANA FAIR HOUSING, INC. v. BARNES

No. 02-329.

61 P.3d 170 (2002)

2002 MT 353

MONTANA FAIR HOUSING, INC., Intervening Plaintiff and Appellant, v. Lavern and Dolores BARNES, d/b/a Target Range Trailer Court, and Darrell Traver, Agent, Defendants and Respondents.

Supreme Court of Montana.

Decided December 31, 2002.

Rehearing Entertained February 11, 2003.

Attorney(s) appearing for the Case

For Appellant: Timothy C. Kelly, Attorney at Law, Emigrant, Montana, Mary Gallagher, Attorney at Law, Missoula, Montana.

For Respondents: Michael Sol, Sol and Wolfe, Missoula, Montana, Charles K. Hail, Special Assistant Attorney General, Montana Human Rights Commission, Helena, Montana.

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

¶ 1 Intervening Plaintiff and Appellant, Montana Fair Housing, Inc. (MFH), appeals three orders of the Fourth Judicial District: one denying its request for attorney fees, one denying its motion to vacate the Rule 68, M.R.Civ.P., offer of judgment, and one dismissing the case. We reverse the District Court's denial of MFH's request for attorney fees, and remand the matter for a determination of whether...

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