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BILESKY v. SHOPKO STORES OPERATING CO., LLC

No. DA 14-0201.

338 P.3d 76 (2014)

2014 MT 300

Gloria BILESKY, Plaintiff and Appellant, v. SHOPKO STORES OPERATING CO., LLC, Defendant and Appellee.

Supreme Court of Montana.

Decided November 14, 2014.

Attorney(s) appearing for the Case

For Appellant: Stephanie C. Kucera , Buxbuam, Daue & Fitzpatrick, PLLC; Missoula, Montana.

For Appellee: W. Adam Duerk , Dylan McFarland , Milodragovich, Dale & Steinbrenner, P.C.; Missoula, Montana.

Justice JAMES JEREMIAH SHEA delivered the Opinion of the Court.

¶ 1 Gloria Bilesky appeals from the order of the Eleventh Judicial District Court, Flathead County, denying her motion to present to the jury factual statements Appellee made in a written brief to the District Court.

¶ 2 The issue on appeal is whether factual statements Appellee made in a brief were judicial admissions, and thus should have been presented to the jury as uncontested facts...

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