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JEM CONTRACTING v. MORRISON-MAIERLE

No. DA 13-0446.

318 P.3d 678 (2014)

2014 MT 21

JEM CONTRACTING, INC., a Montana Corporation, Plaintiff and Appellant, v. MORRISON-MAIERLE, INC., a Montana Corporation, Gallatin County, a political subdivision of the State of Montana, and Madison County, a political subdivision of the State of Montana, Defendants and Appellees.

Supreme Court of Montana.

Decided January 28, 2014.

Attorney(s) appearing for the Case

For Appellant: W. Scott Green ; John M. Van Atta ; Patten, Peterman, Bekkedahl & Green, PLLC; Billings, Montana.

For Appellees: Matthew F. McLean , Kelsey Bunkers ; Crowley Fleck, PLLP; Bozeman, Montana (for Morrison-Maierle, Inc.), Chris P. Christensen ; Madison County Attorney; Virginia City, Montana (for Madison County), Marty D. Lambert ; Gallatin County Attorney; Christopher B. Gray , Deputy County Attorney; Bozeman, Montana (for Gallatin County).

Justice JIM RICE delivered the Opinion of the Court.

¶ 1 JEM Contracting, Inc. (JEM) appeals the order of the Eighteenth Judicial District Court, Gallatin County, granting summary judgment to defendant Morrison-Maierle, Inc. (MMI). The dispute arose out of a construction contract between JEM, as contractor, and defendants Gallatin County and Madison County (County Defendants) for a road improvement project. MMI was hired by County Defendants to provide engineering...

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