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BALTRUSCH v. BALTRUSCH

No. 04-827.

130 P.3d 1267 (2006)

2006 MT 51

331 Mont. 281

William BALTRUSCH and Baltrusch Land & Cattle Company, Plaintiffs and Appellants, v. Otto BALTRUSCH, Jr., and Frances Baltrusch, Husband and Wife, Defendants and Respondents.

Supreme Court of Montana.

Decided March 7, 2006.

Attorney(s) appearing for the Case

K. Dale Schwanke, Jardine, Stephenson, Blewett & Weaver, Great Falls, Montana, for Appellants.

James A. Patten, Patten, Peterman, Bekkedahl & Green, Billings, Montana, for Respondents.

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

¶ 1 William Baltrusch and Baltrusch Land & Cattle Company (William, collectively) sued his brother and business partner Otto Baltrusch, Jr. (Otto) and Otto's wife Frances Baltrusch (Frances) to recover Partnership funds allegedly misappropriated by Otto and Frances for their personal use. The District Court granted Otto and Frances's motion for summary judgment, reasoning that William's claims...

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