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DENNIS v. BROWN

No. 04-433.

110 P.3d 17 (2005)

2005 MT 85

326 Mont. 422

Jolynn DENNIS, David Dennis and D & J Enterprises, LLC, a Montana limited liability company, Plaintiffs, v. David BROWN, Linda Brown, Golden Years Country Living, Inc., a Montana corporation, and Tex Cates, Patty Stevens and Lambros Realty, a Montana corporation, Defendants, Tex Cates, Third-Party Plaintiff and Appellant, v. Alan F. Blakley, Third-Party Defendant and Respondent.

Supreme Court of Montana.

Decided April 5, 2005.

Attorney(s) appearing for the Case

For Appellant: Zane Sullivan and D. Scott Manning, Sullivan, Tabaracci & Rhoades, P.C., Missoula, Montana.

For Respondent: Geoffrey C. Angel, Angel Law Firm, Bozeman, Montana.

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

¶ 1 Tex Cates appeals from the District Court's dismissal of his third-party complaint against Alan F. Blakley for failure to state a claim upon which relief may be granted. We affirm.

BACKGROUND1

¶ 2 David and Linda Brown, acting through Golden Years Country Living, Inc., owned an assisted living facility on property in Missoula County,...

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