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BARILE v. BUTTE HIGH SCHOOL

No. DA 13-0159.

309 P.3d 1009 (2013)

2013 MT 263

Jody BARILE, d/b/a Tripp and Dragstedt Apartments, and James Kuss, Plaintiffs and Appellants, v. BUTTE HIGH SCHOOL, Butte School District No. 1, Butte School Board, Defendants, Atlantic Richfield Co., and John Does 1 through 10, Defendants and Appellees.

Supreme Court of Montana.

Decided September 17, 2013.

Attorney(s) appearing for the Case

For Appellants: Bernard J. (Ben) Everett , Everett Law, PLLC, Anaconda, Montana, Wade J. DaHood , Knight, DaHood, Everett & Sievers, Anaconda, Montana.

For Appellees: Robert Cameron , KD Feeback , Gough, Shanahan, Johnson & Waterman, PLLP, Helena, Montana.

Justice BRIAN MORRIS delivered the Opinion of the Court.

¶ 1 Appellants Jody Barile, d/b/a Tripp and Dragstedt Apartments (Barile), and James Kuss (Kuss), appeal the denial by the Second Judicial District Court, Silver Bow County, of their motion for judgment as a matter of law and their motion for a new trial. We affirm.

¶ 2 We address the following issues on appeal:

¶ 3 Whether the District Court correctly denied Barile's Rule 50...

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