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HAUX v. MONTANA RAIL LINK, INC.

No. 03-830.

97 P.3d 540 (2004)

2004 MT 233

322 Mont. 233

Fred HAUX, Plaintiff and Appellant, v. MONTANA RAIL LINK, INC., a Montana Corporation, Defendant and Respondent.

Supreme Court of Montana.

Decided August 24, 2004.

Attorney(s) appearing for the Case

For Appellant: Erik B. Thueson; Thueson Law Office, Helena, Montana, James T. Towe; Towe Law Office, Missoula, Montana.

For Respondent: Randy J. Cox, Natasha Prinzing Jones; Boone Karlberg, Missoula Montana, David B. Potter, Jennifer K. Eggers; Oppenheimer, Wolff & Donnelly, Minneapolis, Minnesota.

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

¶ 1 Fred Haux (Haux) appeals the District Court's order dismissing his suit against Montana Rail Link, Inc., (MRL). We reverse in part and affirm in part.

¶ 2 The issues on appeal are restated as follows:

¶ 3 1. Whether § 39-2-703, MCA, expressly provides for a cause of action regarding mismanagement?

¶ 4 2. Whether Haux's claim is barred by the statute...

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