WESTMARK INTERN. CORP. v. GOLD HILL PLACERS, INC.

No. 02-289.

70 P.3d 731 (2003)

2003 MT 119

WESTMARK INTERNATIONAL CORP., a Nevada Corporation, Plaintiff and Respondent, v. GOLD HILL PLACERS, INC.; Thomas R. Campbell and Linda M. Campbell, Individually; Thomas R. Campbell and Linda M. Campbell, Partners, Doing Business Under The Firm Name and Style of Campbell Properties Partnership; Harold Reid; Donald Wogamon; Harold Reid, Jim Brady & Donald Wogamon, Partners, d/b/a Gold Hill Placers; Donald M. Harper and Ronald P. Harper, Partners, d/b/a Missoula Mining; Brian Loucks, Tom Storm, Roger Hatler, and Townsend Mines, A Limited Partnership, d/b/a Antelope Placers; B & B Mining Partnership, Ltd; Seahawk, Inc.; William C. Baltrush; LSE, Inc.; the heirs and devisees of Defendants, if deceased; any personal representatives of Defendants; and all other persons, unknown claiming, or who might claim any right, title, estate or interest in, or a lien or encumbrance upon the real property or any part thereof, adverse to Plaintiff's ownership or any cloud upon Plaintiff's title thereto whether such claim or possible claim be present or contingent including any claim or possible claim of dower, in choate or accrued, Defendants and Appellants.

Supreme Court of Montana.

Decided April 29, 2003.

Rehearing Denied May 22, 2003.


Attorney(s) appearing for the Case

Kevin E. Vainio, Attorney at Law, Butte, Montana, for Appellants.

Thomas A. Budewitz, Attorney at Law, Helena, Montana, for Respondent.


Justice JIM REGNIER delivered the Opinion of the Court.

¶ 1 Respondent Westmark International Corp. (Westmark) filed a complaint to quiet title in the First Judicial District Court, Broadwater County. Although the complaint named several defendants, Appellant Gold Hill Placers, Inc. (Gold Hill) was the only defendant to appear. As the case proceeded, Westmark and Gold Hill were unable to agree upon a final pretrial order. Frustrated by this delay, the District...

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