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OSTERMAN v. SEARS, ROEBUCK & CO.

No. 02-028.

80 P.3d 435 (2003)

2003 MT 327

Laura OSTERMAN, Plaintiff and Appellant, v. SEARS, ROEBUCK & COMPANY, and K-Decorators, Inc., a Montana corporation, d/b/a K-Designers, Defendants and Respondents.

Supreme Court of Montana.

Decided November 26, 2003.

Attorney(s) appearing for the Case

For Appellant: Thomas E. Boland and Mark D. Meyer, Attorneys at Law, Great Falls, Montana.

For Respondents: Michael K. Rapkoch and Randolph Jacobs, Jr., Felt, Martin, Frazier Jacobs & Rapkoch, P.C., Billings, Montana (K-Decorators), J. Michael Young, Alexander, Baucus, Taleff, Paul & Young, PLLC, Great Falls, Montana (Sears, Roebuck).

Justice JIM RICE delivered the Opinion of the Court.

¶ 1 Laura Osterman (Osterman) brought this action in the District Court for the Eighth Judicial District, Cascade County, alleging actual and constructive fraud, negligent misrepresentation, negligence, negligent hiring of an independent contractor, breach of express warranty, and deceptive, unfair trade practices. Defendants moved for summary judgment on all claims. The District Court granted summary judgment...

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