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   State Courts - Montana - February 21, 2007

  
State v. Howard, Cause No. DC-05-585, FOURTH JUDICIAL DISTRICT COURT OF MONTANA, MISSOULA COUNTY, February 21, 2007, Decided
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State v. Luckett, No. DA 06-0224, SUPREME COURT OF MONTANA, February 21, 2007, Decided
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Overview: A deputy observed defendant drinking beer and watched him drive on the interstate; defendant was driving abnormally slow for the conditions, crossed the fog line, and was weaving. The deputy had particularized suspicion to conduct an investigative stop of defendant's vehicle under Mont. Code Ann. § 46-5-401.

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Wells Fargo Bank v. Talmage, No. 05-706, SUPREME COURT OF MONTANA, February 21, 2007, Decided
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Overview: Under 9 U.S.C.S. § 5 of the Federal Arbitration Act, 9 U.S.C.S. §§ 1-16, an arbitration award was invalid because the arbitration agreement did not apply to disputes such as this one under $ 250,000 and the arbitrator used was not the agreed-upon arbitrator; thus, the trial court properly denied a motion to dismiss and granted summary judgment.

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