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SULLIVAN v. CHEREWICK

DA 16-0289.

391 P.3d 62 (2017)

2017 MT 38

Michael SULLIVAN; Joy W. Hunt; Dr. Herschel R. and Mary Beth Harter, Plaintiffs, v. Thomas CHEREWICK and Ronald M. Henry, Defendants. Ronald M. Henry, Counterclaim Plaintiff, and Western Investments, Inc., Third-Party Plaintiff, Counterclaim Plaintiffs and Appellants, v. Michael Sullivan; Joy W. Hunt; Dr. Herschel R. and Mary Beth Harter, Counterclaim Defendants and Appellees.

Supreme Court of Montana.

Decided: February 28, 2017.

Rehearing Denied April 4, 2017.

Attorney(s) appearing for the Case

For Appellants: Paula Saye , Saye Law, Absarokee, Montana, (for Ronald M. Henry and Western Investments, Inc.), T. Thomas Singer , Frederick P. Landers , Axilon Law Group, PLLC, Billings, Montana (for Thomas Cherewick and Ronald M. Henry).

For Appellees: Michael B. Anderson , Anderson & Liechty, P.C., Billings, Montana (for Dr. Herschel R. and Mary Beth Harter), Brendon J. Rohan , Poore, Roth & Robinson, P.C., Butte, Montana (for Michael Sullivan), John F. (Jack) Jenks , J. Wayne Capp , Capp & Jenks, P.C., Missoula, Montana (for Michael Sullivan, Joy W. Hunt, Dr. Herschel R. and Mary Beth Harter), Paul N. Tranel , Katie C. Guffin , Bohyer, Erickson, Beaudette & Tranel, P.C., Missoula, Montana (for Joy W. Hunt).

¶ 1 The parties have been engaged for years in a contentious dispute regarding the management of a real estate development in which they all owned property. The Plaintiffs sued to restrain Thomas Cherewick and Ronald Henry from actions that Plaintiffs alleged were unauthorized or exceeded...

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