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TOWN OF CLYDE PARK v. YOUNKIN

No. 03-785.

99 P.3d 196 (2004)

2004 MT 274

323 Mont. 197

TOWN OF CLYDE PARK, Plaintiff and Appellant, v. Cindy E. YOUNKIN, Esq., Moore, O'Connell & Refling, P.C., and Does 1-5, Defendants and Respondents.

Supreme Court of Montana.

Decided September 28, 2004.

Attorney(s) appearing for the Case

For Appellant: Kevin S. Brown; Fred Paoli, Jr., Paoli & Brown, P.C., Livingston, Montana.

For Respondent: Elizabeth S. Baker; Michael F. McMahon, Hughes, Kellner, Sullivan & Alke, PLLP, Helena, Montana.

Justice JIM REGNIER delivered the Opinion of the Court.

¶ 1 Town of Clyde Park (Clyde Park) appeals from an Order of the Sixth Judicial District Court, Park County, granting summary judgment in favor of the Respondents, Cindy Younkin (Ms. Younkin), Moore, O'Connell & Refling, P.C., and Does 1-5(MOR). We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

¶ 2 On or about July 14, 1994, Clyde Park retained MOR to defend against a claim by Patty...

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