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ALLEN v. HUBBARD

No. 01-561.

46 P.3d 639 (2002)

309 Mont. 375

2002 MT 95

Stephen G. ALLEN and Cynthia A. Allen, Plaintiffs/Counterclaim Defendants/Respondents, v. D.L. HUBBARD, Defendant/Counterclaimant/Appellant.

Supreme Court of Montana.

Decided May 9, 2002.

Attorney(s) appearing for the Case

For Appellant: Robert J. Phillips, Phillips & Bohyer, Missoula, Montana.

For Respondents: Richard A. Reep, Kristine J. Beal, Reep, Spoon & Gordon, Missoula, Montana.

Justice JIM REGNIER delivered the Opinion of the Court.

¶ 1 Duncan Hubbard appeals from the Opinion and Order of the Fourth Judicial District Court, Missoula County, dismissing Hubbard's appeal from small claims court as untimely. We affirm.

¶ 2 The following issue is dispositive of this appeal:

¶ 3 Did the District Court err by including weekends and holidays when it calculated the ten-day, statutory appeal time set forth in §...

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