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ESTATE OF PRUYN v. AXMEN PROPANE, INC.

No. DA 08-0352.

223 P.3d 845 (2009)

2009 MT 448

354 Mont. 208

ESTATE OF Earl M. PRUYN, acting through the Personal Representative Jack Meyer, Plaintiff and Appellant, v. AXMEN PROPANE, INC., a Montana corporation, and Edward Kimbrell, individually, Defendants and Appellees.

Supreme Court of Montana.

Decided December 29, 2009.

Attorney(s) appearing for the Case

For Appellant: Randy J. Cox, Scott M. Stearns, Thomas J. Leonard, Boone Karlberg P.C. Missoula, Montana.

For Appellee Axmen Propane, Inc.: David B. Cotner, Trent N. Baker, Erika Peterman, Datsopoulos, MacDonald & Lind, P.C., Missoula, Montana.

For Appellee Edward Kimbrell: Edward Kimbrell, (Self-Represented), San Antonio, Texas.

Justice JAMES C. NELSON delivered the Opinion of the Court.

¶ 1 Earl Pruyn filed suit against Edward Kimbrell and Axmen Propane, Inc. (Axmen) claiming they had defaulted under the terms of a promissory note. After Pruyn's death in June 2008, his estate was substituted as plaintiff in this case. Eventually, the District Court for the Fourth Judicial District, Missoula County, denied Pruyn's motions for summary judgment and granted Axmen's cross-motions for summary...

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