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LEWISTOWN PROPANE CO. v. MONCUR

No. 03-175.

82 P.3d 896 (2003)

2003 MT 368

LEWISTOWN PROPANE CO. and Gene Meier, Plaintiffs and Respondents, v. Lyle V. MONCUR and Sue T. Moncur, Defendants and Appellants.

Supreme Court of Montana.

Decided December 23, 2003.

Rehearing Denied January 20, 2003.

Attorney(s) appearing for the Case

For Appellants: Robert L. Johnson, Lewistown, Montana.

For Respondents: Jon A. Oldenburg, Lewistown, Montana.

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

¶ 1 The Moncurs appeal from the Tenth Judicial District Court's denial of their Rule 60(b) motion. We affirm and remand.

ISSUE

¶ 2 The issue presented by the Moncurs on appeal is whether the District Court erred in denying their Rule 60(b), M.R.Civ.P., Motion peremptorily and without opportunity for hearing.

FACTUAL AND PROCEDURAL BACKGROUND

¶ 3 We resolved...

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