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DURBIN v. ROSS

No. 95-378.

916 P.2d 758 (1996)

Katharine Gail DURBIN and Phil F. Durbin, individuals, Plaintiffs and Appellants, v. Barbara ROSS an individual, d/b/a/ Ross Realty; Lynne Piazzola, an individual; Wayne A. Sherrill and Rachel Sherrill, individuals; and Michael J. Sherrill, an individual, Defendants and Respondents.

Supreme Court of Montana.

Decided May 14, 1996.

Attorney(s) appearing for the Case

Donald V. Snavely, Missoula, for appellants.

Tracy Axelberg and Gary D. Kalkstein, Axelberg & Kalkstein, Missoula, for respondents.

NELSON, Justice.

Katharine and Phil Durbin (the Durbins) appeal from the Montana Twentieth Judicial District Court, Sanders County, order granting summary judgment in favor of Barbara Ross, Ross Realty, Lynne Piazzola (the Realtors) and dismissing the Durbins' claims against the Realtors. We reverse and remand.

ISSUES

1. Did the District Court err in ruling that the Durbins failed to establish a standard of care through the expert testimony of a...

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