CASTONGUAY v. ESTATE OF POLSON

No. 04-753.

122 P.3d 1208 (2005)

2005 MT 265

329 Mont. 103

Marcia Ann CASTONGUAY, Plaintiff and Appellant, v. The ESTATE OF Andrew Lynn POLSON, Defendant and Respondent.

Supreme Court of Montana.

Decided October 25, 2005.


Attorney(s) appearing for the Case

For Appellant: Lon J. Dale and W. Adam Duerk, Milodragovich, Dale, Steinbrenner & Binney, P.C., Missoula, Montana.

For Respondent: Philip J. O'Connell, Missoula, Montana.


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

¶ 1 Marcia Ann Castonguay brought a claim against Andrew Lynn Polson for actual and constructive fraud based upon perjured testimony in a prior dissolution proceeding. The District Court dismissed the case on summary judgment concluding that Castonguay had not asserted any facts that constitute extrinsic fraud as opposed to intrinsic fraud. We affirm.

¶ 2 We restate Castonguay's single...

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