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MUNGAS v. GREAT FALLS CLINIC, LLP

No. DA 09-0046.

221 P.3d 1230 (2009)

2009 MT 426

Dr. James MUNGAS, Dr. Michael Dube, Dr. James English, Dr. Thomas Key, Dr. Dale Mortenson, Dr. Grant Harrer, and Dr. Gerald Spencer ("Independent Doctors"), Plaintiffs and Appellees, v. GREAT FALLS CLINIC, LLP, Defendant and Appellant.

Supreme Court of Montana.

Decided December 15, 2009.

Attorney(s) appearing for the Case

For Appellant: Robert B. Pfennigs; Jardine, Stephenson, Blewett & Weaver, P.C., Great Falls, Montana, T. Thomas Singer; Axilon Law Group, PLLC, Billings, Montana.

For Appellees: Michael D. Cok, Theodore R. Dunn; Cok Wheat & Kinzler, Bozeman, Montana.

Justice JOHN WARNER delivered the Opinion of the Court.

¶ 1 The Eighth Judicial District Court, Cascade County, granted summary judgment in favor of the Appellees, who are physicians and former partners in the Great Falls Clinic (Clinic). The District Court concluded that a portion of the Clinic partnership agreements is void under § 28-2-703, MCA, as a restraint upon exercising a lawful profession and granted summary judgment in favor of the Appellees....

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