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MINES MANAGEMENT, INC. v. FUS

No. DA 14-0112.

334 P.3d 929 (2014)

2014 MT 256

MINES MANAGEMENT, INC., Newhi, Inc., and Montanore Minerals, Corp., Plaintiffs and Appellants, v. Tracie FUS, Lucille Penney (deceased), Desiree Hann, Walter Lindsey, Merlin Rogers, Rocky Bakie, Louise Voves, Frank Wall, Arnold Bakie, and Libby Creek Ventures, L.L.C., Defendants and Appellees.

Supreme Court of Montana.

Decided September 23, 2014.

Attorney(s) appearing for the Case

For Appellants: Mark L. Stermitz , Matthew A. Baldassin ; Crowley Fleck PLLP; Missoula, Montana.

For Appellees: Stephen R. Brown , Charles E. Hansberry , Megan L. Dishong ; Garlington, Lohn & Robinson, PLLP; Missoula, Montana (for Walter Lindsey), Amy N. Guth ; Attorney at Law; Libby, Montana (for Arnold Bakie), R.D. Watson ; Watson Law Offices; Coeur d'Alene, Idaho (for Fus, Penney, Hann, Rogers, Rocky, Bakie, Voves, and Libby Creek Ventures, LLC), Frank Wall, self-represented; Athol, Idaho.

Justice JIM RICE delivered the Opinion of the Court.

¶ 1 Mines Management, Inc., Newhi, Inc., and Montanore Minerals Corp. (collectively, "MMC") appeal from the Judgment of the Nineteenth Judicial District Court, Lincoln County, denying their motion for substitution of judge. We affirm, restating the issue on appeal as follows:

¶ 2 Did the District Court err by denying MMC's motion to substitute the presiding judge following our order remanding...

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