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ABC COLLECTORS, INC. v. BIRNEL

No. 05-571.

138 P.3d 802 (2006)

2006 MT 148

332 Mont. 410

ABC COLLECTORS, INC., Plaintiff and Respondent, v. Kathy BIRNEL and Kenneth Birnel, Defendants, Third-Party Plaintiffs and Respondents, v. Western Mutual Insurance, Third-Party Defendant and Appellant.

Supreme Court of Montana.

Decided July 5, 2006.

Attorney(s) appearing for the Case

Todd A. Hammer, Bryce R. Floch; Hammer, Hewitt & Jacobs, PPLC Kalispell, for Appellant.

Daniel H. Hileman; Kaufman, Vidal, Hileman & Ramlow, Kalispell, for Respondents.

Chief Justice KARLA M. GRAY delivered the Opinion of the Court.

¶1 In the underlying collection action against Kathy and Kenneth Birnel (Birnels), the Birnels brought a third-party complaint against Western Mutual Insurance (WMI). The Eleventh Judicial District Court, Flathead County, entered a default judgment against WMI and subsequently set the default judgment aside. The Birnels moved for reconsideration and then filed a notice of appeal from the order setting...

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