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VALLEY VICTORY CHURCH v. SANDON

No. 04-618.

109 P.3d 273 (2005)

2005 MT 72

326 Mont. 340

VALLEY VICTORY CHURCH, Plaintiff and Appellant, v. Gregory SANDON, d/b/a Sandon Gravel & Excavating, Inc., Sandon Gravel and Excavating Company, Sandon Construction Company, Inc., Russel Olsen d/b/a Russel Olsen Trucking, Jeremy Juntunen d/b/a Bare Naked Paving Company, and Does 1-5, Defendants and Respondents, and Darvin Struck and Bonnie Struck, Third-Party Respondents.

Supreme Court of Montana.

Decided March 22, 2005.

Attorney(s) appearing for the Case

For Appellant: William L. Managhan, Managhan Law Firm PLLC, Kalispell, Montana.

For Respondents: Joshua A. Racki (Sandon) and Paul A. Sandry (Olsen), Johnson, Berg, McEvoy & Bostock, Kalispell, Montana, John R. Quatman, Quatman & Quatman, PC, Whitefish, Montana (Juntunen), Michael H. Keedy, Henning & Keedy, P.L.L.C., Kalispell, Montana (Struck).

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

¶ 1 Valley Victory Church appeals from the grant of summary judgment to Respondents. We reverse and remand in regards to Respondents Sandon and Olsen, and Third-Party Respondents Strucks, and dismiss the action against Jeremy Juntunen.

¶ 2 We restate the issues on appeal as:

¶ 3 1. Whether, in light of the subsequent 2004 reinstatement of the Church's corporate status, the...

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