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D'AGOSTINO v. SWANSON

No. 89-116.

784 P.2d 919 (1990)

John J. D'AGOSTINO and Joann M. D'Agostino, husband and wife, third-party Plaintiffs and Appellants, v. Burneal C. SWANSON, the same person as Neal Swanson and Neil Swanson, Third-Party Defendant, Counterclaimant and Respondent.

Supreme Court of Montana.

Decided January 4, 1990.

Attorney(s) appearing for the Case

Edmund P. Sedivy, Jr., Morrow, Sedivy & Bennett, Bozeman, for third-party plaintiffs and appellants.

H.A. Bolinger, Bozeman, for third-party defendant, counterclaimant and respondent.

HUNT, Justice.

This appeal arises out of a real property dispute involving several parties, including appellants, John J. and Joann M. D'Agostino, and respondent, Burneal C. Swanson. The District Court of the Eighteenth Judicial District, Gallatin County, granted partial summary judgment against the D'Agostinos and dismissed their third-party complaint against Swanson. After a hearing on Swanson's counterclaim, the court held in favor of Swanson, concluding that the...

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