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GOLES v. NEUMANN

No. DA 10-0315.

247 P.3d 1089 (2011)

2011 MT 11

359 Mont. 132

Dan GOLES and Barbara Goles, Plaintiffs and Appellants, v. John Henry NEUMANN, Defendant and Appellee.

Supreme Court of Montana.

Decided February 4, 2011.

Attorney(s) appearing for the Case

For Appellants: Gregory C. Black , Sean E. Johnson , Corette Pohlman & Kebe, Butte, Montana.

For Appellee: Gary L. Walton , Walton & Luwe, Butte, Montana.

Justice PATRICIA O. COTTER delivered the Opinion of the Court.

¶ 1 Dan and Barbara Goles (Goles) appeal the jury verdict against them issued in the Fifth Judicial District Court, on the grounds that the District Court abused its discretion in issuing jury instructions. We reverse and remand for a new trial.

ISSUE

¶ 2 A restatement of the issue on appeal is whether the District Court abused its discretion by issuing a challenged jury instruction...

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