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POINT SERVICE CORP. v. MYERS

No. 04-853.

125 P.3d 1107 (2005)

2005 MT 322

329 Mont. 502

POINT SERVICE CORPORATION, a Montana nonprofit corporation, Plaintiff, Counterclaim Defendant and Respondent, v. William G. MYERS, Jr., Defendant, Counterclaimant, Third-Party Plaintiff and Appellant. v. Steve Kamerick, et al., Third-Party Defendants and Respondents.

Supreme Court of Montana.

Decided December 20, 2005.

Attorney(s) appearing for the Case

James C. Bartlett, Attorney at Law, Kalispell, Montana, for Defendant/Counterclaimant/Third-Party Plaintiff/Appellant William G. Myers, Jr.

Keith McCurdy, Attorney at Law, Polson, Montana, for Plaintiff/Counterclaim Defendant/Respondent Point Service Corporation.

Kristine J. Beal, Timothy S. Peck; Phillips & Bohyer, P.C., Missoula, Montana, for Third-Party Defendant/Respondent Steve Kamerick.

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

¶ 1 Point Service Corporation (PSC) sued William G. Myers, Jr., to prevent him from maintaining various public and private nuisances and from renting his home in a subdivision for terms of less than 30 days. Myers added a third-party claim to the action, accusing Steve Kamerick of battery. After a bench trial, the Twentieth Judicial District Court, Lake County, granted injunctive relief against Myers...

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