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STUFFT v. STUFFT

No. 95-522.

916 P.2d 104 (1996)

David F. STUFFT, Plaintiff and Appellant, v. Esther M. STUFFT, Carmen C. Stufft, Carol Stufft Larson, Dorene Stufft Badgett, Neil E. Johnson and Stufft Farms, Inc., Defendants and Respondents.

Supreme Court of Montana.

Decided May 3, 1996.

Attorney(s) appearing for the Case

Jack L. Lewis, Jardine, Stephenson, Blewett & Weaver, Great Falls, David F. Stufft, Cut Bank, for Appellant.

Selden S. Frisbee, Cut Bank, Darrell T. Peterson, Peterson, Peterson & Shors, Cut Bank, Thane P. Johnson, Werner, Epstein & Johnson, Cut Bank, for Respondent.

TURNAGE, Chief Justice.

David F. Stufft appeals an order of the Ninth Judicial District Court, Glacier County, which dismissed this action under Rule 12(b)(6), M.R.Civ.P. We affirm.

The dispositive issue is whether, under the facts as alleged in the complaint, Stufft's preemptive right to purchase Stufft Farms, Inc., stock was violated.

Stufft Farms, Inc., is a Montana corporation whose primary asset is real property located in Glacier County, Montana...

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