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CHEFF v. BNSF RY. CO.

No. DA 10-0035.

243 P.3d 1115 (2010)

2010 MT 235

358 Mont. 144

Patrick CHEFF, Plaintiff and Appellee, v. BNSF RAILWAY COMPANY, a Corporation, Defendant and Appellant.

Supreme Court of Montana.

Decided November 3, 2010.

Attorney(s) appearing for the Case

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

For Appellee: Terry N. Trieweiler , Trieweiler Law Firm, Whitefish, Montana, James T. Towe , Towe Law Offices, Missoula, Montana.

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

¶ 1 The Eighth Judicial District Court, Cascade County, granted Patrick Cheff's (Cheff) cross-motion for summary judgment, setting aside the settlement and release agreement ("Release") entered into between Cheff and Burlington Northern Santa Fe Railway Company (BNSF) upon grounds of mutual mistake of material fact, constructive fraud in the inducement, and lack of consideration. BNSF appeals the court...

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