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NELSON v. BARLOW

No. DA 07-0197.

179 P.3d 529 (2008)

2008 MT 68

342 Mont. 93

Sherman NELSON, J. Chriss and Myrna Crawford, James and Wendy Kautz, James Ferguson and Ken Thuerbach, Plaintiffs and Appellants, v. Jon BARLOW, Defendant and Appellee.

Supreme Court of Montana.

Decided February 26, 2008.

Attorney(s) appearing for the Case

For Appellants: James S. Ferguson, Attorney at Law, Dayton, Montana, Noel K. Larrivee, Larrivee Law Offices, Polson, Montana.

For Appellee: William L. Wagner and Alan F. McCormick, Garlington, Lohn & Robinson, PLLP, Missoula, Montana.

Justice JOHN WARNER delivered the Opinion of the Court.

¶ 1 Sherman Nelson (Nelson) appeals an order of the Twentieth Judicial District, Lake County, granting defendant Jon Barlow's (Barlow) motion for judgment on the pleadings. We affirm.

¶ 2 The single issue raised by Nelson on appeal is whether the District Court erred when it granted Barlow's motion for judgment on the pleadings.

BACKGROUND

¶ 3 This case arises from a dispute...

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