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TRUX v. MINE & MILL HYDRAULICS, INC.

No. 01-477.

63 P.3d 1142 (2003)

2003 MT 20

TRUX, L.P., Plaintiff and Appellant, v. MINE AND MILL HYDRAULICS, INC.; Glen M. Caldwell; Kathlinda Bettise, a/k/a Kathlinda Caldwell; James Burrington; William Anders; William H. Stinchfield; Gerald E.Nichols; and Montana Hydraulics, LLC, Defendants and Respondents.

Supreme Court of Montana.

Decided February 13, 2003.

Attorney(s) appearing for the Case

John M. Kauffman, Kasting, Combs & Kauffman, Bozeman, Montana, for Appellant.

Kimberly S. More and Bruce A. Fredrickson, Crowley, Haughey, Hanson, Toole & Dietrich, Helena, Montana, for Respondents.

Justice JIM RICE delivered the Opinion of the Court.

¶ 1 The Appellant, TRUX, L.P. (Trux), brought this action against the Respondents alleging constructive fraud, breach of fiduciary duty and unjust enrichment. The District Court for the First Judicial District, Lewis and Clark County, granted summary judgment in favor of the Respondents and against Trux, concluding that Trux was barred from recovery by § 27-1-303, MCA, because Trux had already received...

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