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CULBERTSON-FROID-BAINVILLE HEALTH CARE CORP. v. JP STEVENS & CO. INC.

No. 04-779.

122 P.3d 431 (2005)

2005 MT 254

329 Mont. 38

CULBERTSON-FROID-BAINVILLE HEALTH CARE CORPORATION, doing business under the name and style of Roosevelt Memorial Medical Center and Nursing Home, Plaintiff and Respondent, v. JP STEVENS & CO. INC., a corporation, Defendant and Appellant.

Supreme Court of Montana.

Decided October 18, 2005.

Attorney(s) appearing for the Case

For Appellant: Shane D. Peterson & Ken G. Hedge, Crowley, Haughey, Hanson, Toole and Dietrich, Williston, North Dakota.

For Respondent: Laura Christoffersen, Knierim Fewer & Christoffersen, Culbertson, Montana.

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

¶ 1 Roosevelt Medical Memorial Center and Nursing Home (Roosevelt) sued JP Stevens & Co. Inc. (Stevens) in connection with an allegedly faulty roof it purchased from Stevens. In response to Stevens's violation of its order that required Stevens to respond to discovery requests, the District Court struck Stevens's defenses and entered judgment in favor of Roosevelt on the issue of liability. After...

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