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VERMEER OF WASHINGTON, INC. v. JONES

No. 03-720.

87 P.3d 516 (2004)

2004 MT 77

VERMEER OF WASHINGTON, INC., d/b/a Vermeer Sales and Service of Montana, Plaintiff and Appellant, v. Orville B. JONES, a/k/a Buzz Jones, individually and d/b/a Big Sky Underground Systems, Defendant and Respondent.

Supreme Court of Montana.

Decided March 30, 2004.

Attorney(s) appearing for the Case

For Appellant: Lisa A. Speare, Kelly J.C. Gallinger, Brown Law Firm, Billings, Montana.

For Respondent: Orville B. Jones, Pro Se, Billings, Montana.

Chief Justice KARLA M. GRAY delivered the Opinion of the Court.

¶ 1 Vermeer of Washington, Inc., d/b/a Vermeer Sales and Service of Montana (Vermeer), appeals from the order entered by the Thirteenth Judicial District Court, Yellowstone County, dismissing its complaint with prejudice. We reverse and remand.

¶ 2 The issue is whether the District Court abused its discretion in dismissing Vermeer's complaint with prejudice based on Vermeer's counsel...

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