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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Kunst v. Pass, 1998 MT 71 (1998)

Citation
Kunst v. Pass, 1998 MT 71 (1998)
Parent Document
Kunst v. Pass, 1998 MT 71 (1998)
Jurisdiction
Montana (state)
Effective Date
1998-03-31

Other Sections in This Document (63)

Full Text

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¶ 20 In denying the Plaintiffs' motion for attorney's fees, the District Court stated that the Defendants' "liability was limited to the general theory of negligence as Judge Moran concluded." After considering the allegations of the complaint, the directed verdict, and the jury verdict on damages, the court reasoned that Plaintiffs prevailed solely under a general theory of negligence and not under the Residential Landlord and Tenant Act, § 70-24-101, MCA, et seq. It thus concluded that the attorney fees provision of that Act did not apply and denied Plaintiffs' motion.