C. Haydon Ltd. v. Montana Mining Properties, Inc.

This is an appeal from the District Court of the Second Judicial District, Silver Bow County. Appellant Montana Mining Properties, Inc. (MMPI) appeals from a motion granted in favor of W. D. Murray, Jr. (Murray) to dismiss for failure to comply with Rule 9(b), M.R.Civ.P, and from an order granting Murray summary judgment pursuant to Rule 56(c), M.R.Civ.P. We affirm.

The issues are:

1. Did the District Court err by granting Murray’s motion to dismiss for failure to state a claim, pursuant to Rule 12(b)(6), M.R.Civ.P.?

2. Did MMPI have a reasonable opportunity to amend its pleading?

Murray was a…