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RATLIFF v. PEARSON

No. DA 11-0333.

261 P.3d 1037 (2011)

2011 MT 241

Jay RATLIFF, Plaintiff and Appellee, v. Dean PEARSON, Gary Pearson, Defendants, and Dale Schwanke, Defendant and Appellant.

Supreme Court of Montana.

Decided September 28, 2011.

Attorney(s) appearing for the Case

Norman L. Newhall , Linnell, Newhall, Martin & Schulke, P.C., Great Falls, Montana, for appellant.

J. Devlan Geddes , Goetz, Gallik & Baldwin, P.C., Bozeman, Montana, for appellee.

Justice BRIAN MORRIS delivered the Opinion of the Court.

¶ 1 Appellant Dale Schwanke (Schwanke) appeals from an order of the Ninth Judicial District Court, Teton County, in which the District Court denied his motion for substitution of a district judge. We reverse.

¶ 2 We review the following issue on appeal:

¶ 3 Whether the District Court wrongly denied Schwanke's motion for substitution of a district judge.

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