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MURPHY HOMES, INC. v. MULLER

No. 05-237.

162 P.3d 106 (2007)

2007 MT 140

337 Mont. 411

MURPHY HOMES, INC., a Montana Corporation, Plaintiff, Counter-Defendant and Respondent, v. Marilyn MULLER and Patrick Aberle, Defendants, Counter-Claimants and Appellants.

Supreme Court of Montana.

Decided June 12, 2007.

Attorney(s) appearing for the Case

For Appellant: Palmer A. Hoovestal, Hoovestal Law Firm, PLLC, Helena, Montana.

For Respondent: Gary L. Davis, Candace Payne, Luxan & Murfitt, PLLP, Helena, Montana.

Justice JAMES C. NELSON delivered the Opinion of the Court.

¶ 1 Patrick Aberle and Marilyn Muller, who are husband and wife (collectively "Aberle/Muller"), appeal a jury verdict in the District Court for the Fifth Judicial District, Jefferson County, awarding Murphy Homes, Inc. (Murphy Homes), damages, punitive damages, attorney's fees and costs. The case involves a cost-plus contract wherein Murphy Homes agreed to do certain building

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