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ZIER v. LEWIS

No. DA 08-0518.

218 P.3d 465 (2009)

2009 MT 266

352 Mont. 76

David D. ZIER, Plaintiff and Appellant, v. Rex H. LEWIS, Trustee of the Mark R. Lewis and Charlotte H. Lewis Charitable Remainder Unitrust, Defendants and Appellees.

Supreme Court of Montana.

Decided August 14, 2009.

Rehearing Denied October 14, 2009.

Attorney(s) appearing for the Case

For Appellant: Thomas E. Towe; Towe, Ball, Enright, Mackey & Sommerfeld, Billings, Montana.

For Appellees: Laurence R. Martin; Felt, Martin, Frazier & Weldon, Billings, Montana.

Chief Justice MIKE McGRATH delivered the Opinion of the Court.

¶ 1 David Zier appeals from the orders of the District Court granting summary judgment for the Lewis Charitable Remainder Unitrust (Lewis) and awarding attorney fees. We affirm.

¶ 2 Zier presents the following issues for review:

¶ 3 Issue One: Whether the District Court properly granted summary judgment to Lewis.

¶ 4...

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