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STEBNER v. ASSOCIATED MATERIALS, INC. (AMI)

No. DA 09-0632.

234 P.3d 94 (2010)

2010 MT 138

Derek STEBNER and Stebner Real Estate, Inc., a Washington corporation, Plaintiffs and Appellants, v. ASSOCIATED MATERIALS, INC. (AMI) d/b/a Alside, Defendant and Appellee.

Supreme Court of Montana.

Decided June 22, 2010.

Attorney(s) appearing for the Case

For Appellants: Perry J. Schneider; Milodragovich, Dale, Steinbrenner & Nygren; Missoula, Montana.

For Appellee: Paul Sharkey and Mitch Vap; Phillips Law Firm; Missoula, Montana.

Justice MICHAEL E. WHEAT delivered the Opinion of the Court.

¶ 1 A jury in the Fourth Judicial District Court, Missoula County, found that Associated Materials, Inc. (Alside) did not breach its warranty to Derek Stebner and Stebner Real Estate, Inc. (Stebner). After the trial, Stebner filed a motion for a new trial, pursuant to M.R. Civ. P. 59, claiming juror misconduct. The District Court denied Stebner's motion.

¶ 2 The sole issue Stebner raises...

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