ZUAZUA v. TIBBLES

No. 05-640.

150 P.3d 361 (2006)

2006 MT 342

335 Mont. 181

Amador F. ZUAZUA, Plaintiff, v. Tom and Carol TIBBLES, Individually, and d/b/a Coldwell Banker Gateway Realty, and Patti Stone, Defendants.

Supreme Court of Montana.

Decided December 21, 2006.


Attorney(s) appearing for the Case

For Plaintiff: Patrick G. Frank (argued), Worden Thane P.C., Missoula, Montana.

For Defendants: Matthew K. Hutchison (argued) and Daniel W. Hileman, Kaufman, Vidal, Hileman & Ramlow, P.C., Kalispell, Montana.

For Amicus Curiae: James A. Bowditch and Thomas J. Leonard, Boone Karlberg, P.C., Missoula, Montana (Mont. Association of Realtors®, Inc.).


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

¶1 The plaintiff, Amador F. Zuazua, brought this action in the United States District Court for the District of Montana to recover damages, in part, for Defendants Tom and Carol Tibbles, Coldwell Banker Gateway Realty, and Patti Stone's failure to fulfill their duties to Zuazua under § 37-51-313(4), MCA. Zuazua moved for partial summary judgment, alleging...

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