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MARTZ v. BENEFICIAL MONTANA, INC.

No. 04-716.

135 P.3d 790 (2006)

2006 MT 94

332 Mont. 93

Timothy D. MARTZ and Robin Jean Martz, Plaintiffs and Appellants, v. BENEFICIAL MONTANA, INC., d/b/a Beneficial Mortgage Co., a Delaware corporation; Household International, Inc., a Delaware corporation; Emmet Mathews and John Does I—X, Defendants and Respondents.

Supreme Court of Montana.

Decided May 4, 2006.

Attorney(s) appearing for the Case

Thomas E. Boland, Attorney at Law, Jeremiah C. Lynch, Attorney at Law, Great Falls, for Appellants.

Dan G. Cederberg and Benjamin P. Hursh, Cederberg Law Office, Missoula, for Respondents.

Justice JIM RICE delivered the Opinion of the Court.

¶ 1 Appellants Timothy and Robin Martz appeal from the order of the Sixth Judicial District Court granting Respondent Beneficial Montana, Inc.'s motion to compel arbitration. Appellants contend that arbitration is inappropriate because the contract is void ab initio and the arbitration provision is unconscionable. We affirm.

¶ 2 In reviewing the District Court's order compelling arbitration...

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