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MOUNTAIN WEST BANK v. WESTERN SKYS LTD.

No. DA 08-0063.

177 P.3d 1052 (2008)

2008 MT 54

MOUNTAIN WEST BANK, N.A., Plaintiff and Appellee, v. WESTERN SKYS LTD. CO., Tami Ellis, Dirk Ellis, Strawhouse Market, Inc. and John Does Nos. 1 Through 10, Defendants and Appellants, Western Skys Ltd., Co., Tami Ellis, Dirk Ellis, and Strawhouse Market, Inc., Counterclaimants and Appellants, Mountain West Bank, N.A., Counterdefendant and Appellee.

Supreme Court of Montana.

February 13, 2008.

OPINION AND ORDER

¶ 1 Western Skys Ltd. Co., Tami Ellis, Dirk Ellis and Strawhouse Market, Inc., through their counsel, have petitioned the Court to file an out of time appeal as provided by M.R.App. P. 4(6).

¶ 2 Counsel cites as the reason that the appeal was not timely filed is that the notice of appeal was mistakenly sent to the Clerk of the District Court in Lewis & Clark County, rather than to...

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