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UPKY v. MARSHALL MOUNTAIN, LLC

No. DA 06-0109.

180 P.3d 651 (2008)

2008 MT 90

342 Mont. 273

Chad UPKY, Plaintiff, v. MARSHALL MOUNTAIN, LLC, Defendant, and Marshall Mountain, LLC, Third-Party Plaintiff and Appellant, v. Board Of Missoula, Inc. and Board of Missoula, LLC, Third-Party Defendants and Appellees.

Supreme Court of Montana.

Decided March 18, 2008.

Attorney(s) appearing for the Case

For Appellant: Gig A. Tollefsen, Berg, Lilly & Tollefsen, P.C., Bozeman, Montana.

For Appellees: Maxon R. Davis, Davis, Hatley, Haffeman & Tighe, Great Falls, Montana.

Justice JOHN WARNER delivered the Opinion of the Court.

¶ 1 Third-party plaintiff Marshall Mountain, LLC (Marshall Mountain) appeals from a judgment entered in the Fourth Judicial District Court, Missoula County, in favor of third-party defendants Board of Missoula, Inc. and Board of Missoula, LLC (Board of Missoula), dismissing its third party complaint after a jury verdict in Board of Missoula's favor.

¶ 2 We restate and address the issues on appeal...

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