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A.M. WELLES, INC. v. MONTANA MATERIALS

No. DA 14-0133.

342 P.3d 987 (2015)

2015 MT 38

A.M. WELLES, INC., and the State of Montana, Plaintiffs and Appellants, v. MONTANA MATERIALS, INC., a Montana corporation, d/b/a L.S. Jensen & Sons, Inc., and/or d/b/a L.S. Jensen Construction & Paving, and/or d/b/a Jensen Paving, Inc.; RSJ, Inc., a Montana corporation, d/b/a Jensen Paving Co., and/or d/b/a Jensen Paving Company; GLJ, Inc., a Montana corporation, d/b/a L.S. Jensen & Sons, Inc., and/or d/b/a L.S. Jensen Construction and Paving; Liberty Mutual Fire Insurance Company, a foreign corporation; Alpine Construction, Inc., a Montana corporation; and John Does I Through V, Defendants and Appellees.

Supreme Court of Montana.

Decided February 10, 2015.

Attorney(s) appearing for the Case

For Appellants: Dan L. Spoon ; Bryan L. Spoon , Spoon Gordon Ballew, Missoula, Montana (for A.M. Welles, Inc.), Calvin J. Stacey , Stacey & Funyak, Billings, Montana (for State of Montana).

For Appellees: Steven S. Carey , Carey Law Firm, Missoula, Montana.

¶ 1 A.M. Welles, Inc., (Welles) and the State of Montana appeal dispositive orders from the Fourth Judicial District Court, Missoula County. The following issues resolve the appeals:

1. Whether the District Court correctly denied summary judgment to Welles.

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