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TALMAGE v. CITY OF KALISPELL

No. DA 09-0013.

223 P.3d 328 (2009)

2009 MT 434

354 Mont. 125

John TALMAGE, d/b/a Montana Diamond Aire, Inc., Plaintiff and Appellant, v. CITY OF KALISPELL, Kalispell City Airport Advisory Board, Defendants and Appellees.

Supreme Court of Montana.

Decided December 22, 2009.

Attorney(s) appearing for the Case

For Appellant: James D. Moore, Attorney at Law, Kalispell, Montana.

For Appellees: Richard M. Hickel, Adjutant Kalispell City Attorney, Kalispell, Montana.

Justice JOHN WARNER delivered the Opinion of the Court.

¶ 1 John Talmage, d/b/a Montana Diamond Aire, Inc., appeals from the order of the Eleventh Judicial District Court, Flathead County, granting the City of Kalispell and the Kalispell Airport Advisory Board's (collectively, Kalispell) motion for summary judgment. The issue on appeal is whether the District Court erred in granting Kalispell's motion for summary judgment because there are material facts at issue...

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