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WHARY v. PLUM CREEK TIMBERLANDS, L.P.

No. DA 13-0635.

320 P.3d 973 (2014)

2014 MT 71

Eric Lance WHARY, William Tiegs, and Donna Tiegs, Plaintiffs and Appellants, v. PLUM CREEK TIMBERLANDS, L.P., Defendant and Appellee.

Supreme Court of Montana.

Decided March 18, 2014.

Attorney(s) appearing for the Case

For Appellants: Noah H. Bodman , Tammi E. Fisher ; Fisher & Bodman, PC; Kalispell, Montana.

For Appellee: Kimberly S. More , Mark Stermitz ; Crowley Fleck, PLLP; Kalispell, Montana.

Justice PATRICIA COTTER delivered the Opinion of the Court.

¶ 1 Eric Lance Whary, William Tiegs, and Donna Tiegs (Plaintiffs) appeal from an order of the Eleventh Judicial District Court, Flathead County, denying their motion for partial summary judgment and granting Plum Creek Timberlands, L.P.'s (Plum Creek) motion for summary judgment. We reverse and remand.

ISSUES

¶ 2 A restatement of the issues on appeal is:

¶ 3 1....

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