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FLESCH v. McDONALD'S RESTAURANT

No. 04-834.

121 P.3d 527 (2005)

2005 MT 235

328 Mont. 407

Leroy P. FLESCH and Bonnie Flesch, Plaintiffs and Appellants, v. McDONALD'S RESTAURANT, a/k/a McDonald's Corporation, a/k/a McDonald's Restaurants of Montana Inc.; Jensar, Inc.; an Ohio Corporation, and Does and Roes 1 Through 5, Defendants and Respondents.

Supreme Court of Montana.

Decided September 20, 2005.

Attorney(s) appearing for the Case

James G. Hunt, Esq., Hunt Law Firm, Helena, for Appellants.

Leo S. Ward, Esq., Chad E. Adams, Esq., Browning, Kaleczyc, Berry & Hoven, P.C., Helena, for Respondents.

COTTER, Justice.

¶ 1 Leroy and Bonnie Flesch (Flesches) appeal the decision of the First Judicial District Court, Lewis and Clark County, dismissing their action with prejudice and denying their Motion to Set Aside Judgment. We affirm.

ISSUES

¶ 2 The issues on appeal as presented by the parties are:

¶ 3 Did the District Court err in concluding that Jensar was not required to comply...

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