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D.R. FOUR BEAT ALLIANCE v. SIERRA PROD. CO.

No. DA 08-0546.

218 P.3d 827 (2009)

2009 MT 319

352 Mont. 435

D.R. FOUR BEAT ALLIANCE, LLC; DR Four Beat Energy Corp., a body corporate registered to do business in the Province of Alberta; and Michael Siemer, Plaintiffs and Appellees, v. SIERRA PRODUCTION COMPANY, Defendant and Appellant.

Supreme Court of Montana.

Decided September 29, 2009.

Attorney(s) appearing for the Case

For Appellant: Jason T. Holden, Faure Holden, Great Falls, Montana, Douglas C. Allen, Attorney at Law, Shelby, Montana.

For Appellee: Mark D. Parker, Parker, Heitz & Cosgrove, PLLC, Donald L. Harris, Harman, Warren & Harris, PLLP, Billings, Montana.

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

¶ 1 Sierra Production Company (Sierra) appeals from a jury verdict which in part awarded $2.5 million dollars in damages to plaintiff D.R. Four Beat Alliance (Four Beat) for a breach of contract claim. Sierra argues that the $2.5 million dollar verdict should be reversed because it is not supported by substantial evidence. We reverse and remand for a new trial.

FACTUAL AND PROCEDURAL BACKGROUND...

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