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QUANTUM ELECTRIC, INC. v. SCHAEFFER

No. 01-178.

64 P.3d 1026 (2003)

2003 MT 29

QUANTUM ELECTRIC, INC., a Montana corporation, Plaintiff and Respondent, v. Richard J. SCHAEFFER and Victoria Schaeffer, and all other persons, unknown, claiming or who might claim interest in or lien or encumbrance upon the real property described in the Complaint adverse to Plaintiff's ownership or any cloud upon Plaintiff's title thereto, whether such claim or possible claim, be present or contingent, Defendants and Appellants.

Supreme Court of Montana.

Decided February 20, 2003.

Attorney(s) appearing for the Case

James C. Bartlett, Kalispell, Montana, for appellants.

Paul A. Sandry, Kalispell, Montana, for respondent.

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

¶ 1 Appellants Richard and Victoria Schaeffer (Schaeffers) appeal an order of the Eleventh Judicial District Court, Flathead County, denying their motion to set aside the court's previous judgment. We reverse.

¶ 2 We address the following issue on appeal: Did the District Court err in concluding that the plaintiff's failure to comply with § 37-61-405, MCA, and Uniform District Court...

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