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MEAGHER v. BUTTE-SILVER BOW CITY-COUNTY

No. DA 06-0136.

160 P.3d 552 (2007)

2007 MT 129

Mykl MEAGHER, Plaintiff and Appellant, v. BUTTE-SILVER BOW CITY-COUNTY, A Municipal Corporation and Political Subdivision of the State of Montana, Defendant and Respondent.

Supreme Court of Montana.

Decided June 5, 2007.

Attorney(s) appearing for the Case

For Appellant: Kevin E. Vainio, Butte, Montana.

For Respondent: Eileen Joyce, Butte-Silver Bow Deputy County Attorney, Butte, Montana.

Justice PATRICIA O. COTTER delivered the Opinion of the Court.

¶ 1 Mykl Meagher appeals the Second Judicial District Court's grant of summary judgment in favor of Butte-Silver Bow City-County (BSB or the County). Meagher filed a Complaint against BSB alleging that the County breached an oral agreement under which the County agreed to sell certain properties to Meagher. BSB filed a motion to dismiss pursuant to M.R. Civ. P. 12(b)(6) (Rule 12(b)(6)). The District...

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