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ABC COLLECTORS, INC. v. BIRNEL

No. DA 07-0060.

176 P.3d 1067 (2008)

2008 MT 35

341 Mont. 310

ABC COLLECTORS, INC., a Montana Corporation, Plaintiff, v. Kathy BIRNEL, Kenneth Birnel, Defendants, Third-Party Plaintiffs and Appellees, v. Western Mutual Insurance, Third-Party Defendant and Appellant.

Supreme Court of Montana.

Decided February 5, 2008.

Attorney(s) appearing for the Case

For Appellant: Angela K. Jacobs, Bryce R. Floch, Hammer, Hewitt, Jacobs & Floch, PLLC, Kalispell, Montana.

For Appellees: Daniel W. Hileman, Kaufman, Vidal, Hileman & Ramlow, P.C., Kalispell, Montana.

Justice PATRICIA 0. COTTER delivered the Opinion of the Court.

¶ 1 Appellant Western Mutual Insurance (WMI) appeals an order of the Eleventh Judicial District dated December 11, 2006; which reinstated a default judgment originally entered against WMI on June 7, 2005. The reinstated default judgment awarded damages to Appellees Kathy and Kenneth Birnel for breach of contract and various violations of the Montana Unfair Trade Practices Act, §§ 33-18-101...

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