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MONTANA MOUNTAIN PRODUCTS v. CURL

No. 04-654.

112 P.3d 979 (2005)

2005 MT 102

327 Mont. 7

MONTANA MOUNTAIN PRODUCTS, Plaintiff and Appellant, v. Dawn CURL and Columbus Custom Products, Defendants and Respondents.

Supreme Court of Montana.

Decided April 26, 2005.

Rehearing Denied June 7, 2005.

Attorney(s) appearing for the Case

For Appellant: John Crist and Eric Edward Nord, Crist Law Firm, Billings, Montana.

For Respondents: Thomas E. Towe, Towe, Ball, Enright, Mackey & Sommerfeld, P.L.L.P., Billings, Montana.

For Amicus Curiae: Tom Singer, TTS Civil Trial Attorneys, pllc, Billings, Montana.

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

¶ 1 Montana Mountain Products (MMP) appeals from the grant of summary judgment to Dawn Curl and Columbus Custom Products (CCP). We affirm.

¶ 2 We restate the issues on appeal as:

¶ 3 1. Whether Curl's covenant not to compete is an unlawful restraint on trade.

¶ 4 2. Whether the District Court erred in granting summary...

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