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HORN v. BULL RIVER COUNTRY STORE PROPERTIES

No. DA 12-0017.

288 P.3d 218 (2012)

2012 MT 245

Pete HORN and Elva Horn, Plaintiffs and Appellants, v. BULL RIVER COUNTRY STORE PROPERTIES, LLC, Defendant, Third-Party Plaintiff and Appellee, v. Jerry Amoruso, Individually and d/b/a Jerry's Repair, Third-Party Defendant and Appellee.

Supreme Court of Montana.

Decided October 30, 2012.

Attorney(s) appearing for the Case

For Appellants: Christopher Lee Decker , W. Adam Duerk ; Milodrogovich, Dale, Steinbrenner & Nygren, P.C.; Missoula, Montana.

For Appellee: Robert Cameron ; Gough, Shanahan, Johnson & Waterman, PLLP; Helena, Montana, C.J. Johnson ; Kalkstein, Johnson, & Dye, P.C.; Missoula, Montana.

Justice BETH BAKER delivered the Opinion of the Court.

¶ 1 After a five-day trial in October 2011, a Sanders County jury decided that Appellee Bull River Country Store Properties, LLC, (Bull River) was not negligent in connection with the plaintiffs' claim that it sold water-contaminated diesel fuel. Appellants Pete and Elva Horn (Horn) appeal the Twentieth Judicial District Court's order denying their motion for a new trial. We affirm.

¶ 2 We restate...

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