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ESSEX INS. CO. v. MOOSE'S SALOON, INC.

No. 05-054.

166 P.3d 451 (2007)

2007 MT 202

338 Mont. 423

ESSEX INSURANCE COMPANY, a Virginia Corporation, Plaintiff and Appellant, v. MOOSE'S SALOON, INC., a Montana Corporation, Clark Vogt, and John Doe, Defendants and Respondents.

Supreme Court of Montana.

Decided August 15, 2007.

Attorney(s) appearing for the Case

For Appellant: Steven R. Milch, Crowley, Haughey, Toole & Dietrich, PLLP, Billings, Montana.

For Respondent: Stephen C. Berg, Johnson, Berg, McEvoy & Bostock, PLLP, Kalispell, Montana.

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

¶ 1 This is an appeal by Essex Insurance Company ("Essex") from two orders and the final judgment of the District Court for the Eleventh Judicial District, Flathead County. We reverse.

¶ 2 The dispositive issue on appeal is whether the District Court abused its discretion in granting the M.R. Civ. P. 60(b)(6) motion filed by Moose's Saloon ("Moose's") and Clark Vogt ("Vogt"). We therefore...

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