Montana Mining Properties, Inc. v. Asarco, Inc.

Plaintiff and Appellant, Montana Mining Properties (hereinafter MMP), appeals from a decision and order of the Second Judicial District Court, Silver Bow County, granting Defendants’ and Respondents’ Dennis R. Washington, Montana Resources, Inc. and Montana Resources, a general partnership (hereinafter Washington), motion for summary judgment. We reverse and remand for trial.

MMP raises four issues on appeal, however, we shall only address one issue, as that issue is dispositive. We state the issue as follows:

1. Whether the District Court erred in granting Washington’s motion for summary…