WEBER v. INTERBEL TELEPHONE CO-OP., INC.

No. 02-517.

80 P.3d 88 (2003)

2003 MT 320

Frederick WEBER and Mooseweb Corp., Plaintiffs and Appellants, v. INTERBEL TELEPHONE CO-OPERATIVE, INC., Defendant and Respondent.

Supreme Court of Montana.

Submitted July 15, 2003.

Decided November 24, 2003.


Attorney(s) appearing for the Case

For Appellants: Ivan C. Evilsizer, Attorney at Law, Helena, Montana (Argued for Appellants).

For Respondent: Darrell S. Worm, Ogle & Worm, PLLP, Kalispell, Montana (Argued for Respondent).

For Amicus Mid-Rivers Telephone Cooperative, Inc.: Thomas E. Smith, Moulton, Bellingham, Longo & Mather, P.C., Billings, Montana.

For Amicus 3 Rivers Telephone Cooperative, Inc.; Range Telephone Cooperative, Inc.; Blackfoot Telephone Cooperative, Inc.; and Montana Independent Telecommunications Systems: Michael J. Rieley, Michael C. Strand, Attorneys at Law, Helena, Montana.


Justice JIM REGNIER delivered the Opinion of the Court.

¶ 1 Appellants Frederick Weber and Mooseweb Corporation (collectively "Mooseweb") filed a Complaint in Montana's Nineteenth Judicial District Court, Lincoln County, alleging, among other things, that Respondent InterBel Telephone Cooperative, Inc. ("InterBel") acted ultra vires by providing dial-up Internet access services to its customers. Mooseweb and InterBel filed cross motions for summary judgment...

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