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GRIZZLY SEC. ARMORED EXP. v. ARMORED GROUP

No. DA 09-0233.

220 P.3d 661 (2009)

2009 MT 396

353 Mont. 399

GRIZZLY SECURITY ARMORED EXPRESS, INC., Plaintiff and Appellee, v. The ARMORED GROUP, LLC, Defendant and Appellant.

Supreme Court of Montana.

Decided November 24, 2009.

Attorney(s) appearing for the Case

For Appellant: Angela K. Jacobs and Todd A. Hammer, Hammer, Hewitt, Jacobs & Floch, PLLC; Kalispell, Montana, Jared Simmons, Simmons & Gottfried, PLLC, Phoenix, Arizona.

For Appellee: David F. Stufft, Attorney at Law, Kalispell, Montana.

Justice BRIAN MORRIS delivered the Opinion of the Court.

¶ 1 Grizzly Security Armored Express, Inc. (Grizzly), obtained a default judgment in the Eleventh Judicial District Court, Flathead County, against The Armored Group, LLC (TAG), on February 3, 2009. TAG filed a motion on February 9, 2009, to set aside the default judgment. The motion automatically was deemed denied pursuant to M.R. Civ. P. 60(c), after the District Court had not ruled on the motion for...

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