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OLSON v. OSMOLAK

No. 02-191.

70 P.3d 1242 (2003)

2003 MT 151

Klara E. OLSON and Russell Richard Olson, Plaintiffs, Counter-Defendants and Respondents, v. Robert L. OSMOLAK and Ann K. Osmolak, Defendants, Counter-Claimants and Appellants.

Supreme Court of Montana.

Decided June 3, 2003.

Attorney(s) appearing for the Case

K. Dale Schwanke, Jardine, Stephenson, Blewett & Weaver, Great Falls, Montana, for Appellants.

Sean M. Morris, Worden, Thaine & Haines, Missoula, Montana, for Respondents.

Justice PATRICIA O. COTTER delivered the Opinion of the Court.

¶ 1 Ann and Robert Osmolak filed suit against Klara and Russell Olson seeking an injunction in connection with a land deal between the parties. The Osmolaks voluntarily dismissed the suit prior to the show cause hearing. The Olsons then sued for attorney fees, which they were awarded on summary judgment. We reverse and remand.

ISSUES

¶ 2 A restatement of the issues the Osmolaks...

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