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POLZIN v. APPLEWAY EQUIPMENT LEASING, INC.

No. DA 07-0169.

191 P.3d 476 (2008)

2008 MT 300

Perry POLZIN d/b/a MP Livestock Trust, Plaintiff and Appellee, v. APPLEWAY EQUIPMENT LEASING, INC., Defendant and Appellant.

Supreme Court of Montana.

Decided August 20, 2008.

Attorney(s) appearing for the Case

For Appellant: Ward E. Taleff; Taleff Law Office, Great Falls, Montana.

For Appellee: Mark E. Westveer, Heather Perry; Hubble, Ridgeway, Unmack & Westveer, Stanford, Montana.

Justice JIM RICE delivered the Opinion of the Court.

¶ 1 Appellant Appleway Equipment Leasing, Inc. (Appleway), appeals from the order of the Tenth Judicial District Court, Judith Basin County, denying its motion to dismiss on the basis of improper venue. We reverse.

¶ 2 We restate the issue on appeal as follows:

¶ 3 Did the District Court err by invalidating the forum selection clause of the parties' agreement?

FACTUAL AND...

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