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DAY v. CTA, INC.

No. DA 13-0730.

324 P.3d 1205 (2014)

2014 MT 119

Rowland DAY and Jaimie Day, both individually and as co-trustees of the Day Family Trust, and Chartis Property Casualty Company a/s/o Rowland Day and Jaimie Day, Plaintiffs and Appellees, v. CTA, INC., Defendant and Appellant.

Supreme Court of Montana.

Decided May 7, 2014.

Attorney(s) appearing for the Case

For Appellant: Scott Hagel ; Crowley Fleck PLLP; Kalispell, Montana.

For Appellees: Amy Eddy , David Sandler ; Eddy Sandler Trial Attorneys PLLP; Kalispell, Montana.

Justice PATRICIA COTTER delivered the Opinion of the Court.

¶ 1 CTA Inc. (CTA) appeals from an order of the Eleventh Judicial District Court, Flathead County, denying CTA's motion for summary judgment and granting Rowland and Jaimie Days' (Days) motion for partial summary judgment. We reverse and remand for further proceedings consistent with this opinion.

ISSUE

¶ 2 We restate the dispositive issue on appeal as:

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