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IN RE MARRIAGE OF FOSTER

No. 04-101.

102 P.3d 16 (2004)

2004 MT 326

324 Mont. 114

In re the MARRIAGE of Lillian W. LeJeune FOSTER, Petitioner and Appellant, and Joe Foster, Respondent and Respondent.

Supreme Court of Montana.

Decided November 22, 2004.

Attorney(s) appearing for the Case

For Appellant: Edmund P. Sedivy, Sedivy, White & White, Bozeman, Montana.

For Respondent: Helene Orenstein, Attorney at Law, Bozeman, Montana.

Justice W. WILLIAM LEAPHART delivered the Opinion of the Court.

¶ 1 Lillian W. LeJeune Foster appeals in this dissolution of marriage action from the District Court's distribution of property and from its imposition of a constructive trust on the home of her children Gregory and Sharon Muir. We reverse and remand for further proceedings.

¶ 2 The issues on appeal are:

¶ 3 1. Whether the District Court erred in awarding Joe Foster $47...

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