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GWYNN v. CUMMINS

No. 05-557.

144 P.3d 82 (2006)

2006 MT 239

333 Mont. 522

David W. GWYNN, d/b/a Gwynn Excavating, Plaintiff and Appellant, v. Douglas CUMMINS and Kim Cummins, Defendants and Respondents.

Supreme Court of Montana.

Decided September 26, 2006.

Attorney(s) appearing for the Case

For Appellant: Lars R. Skjelset, Skjelset & Geer, P.L.L.P., Missoula, Montana.

For Respondents: Cory R. Gangle, Milodragovich, Dale, Steinbrenner & Binney, P.C. Missoula, Montana.

Justice JIM RICE delivered the Opinion of the Court.

¶ 1 David Gwynn (Gwynn) appeals from a summary judgment order entered for Douglas and Kim Cummins (the Cumminses) by the Fourth Judicial District Court, Missoula County. We reverse and remand.

¶ 2 We consider the following issue on appeal:

¶ 3 Whether the District Court properly granted summary judgment for the Cumminses.

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