12/16/2020

IN THE SUPREME COURT OF THE STATE OF MONTANA Case Number: DA 20-0237 DA 20-0237 _________________ KOLE FITZPATRICK, DBA FITZPATRICK TRUCKING, Plaintiff and Appellant, v. TRAIL CREEK ENTERPRISES, LLC, JASON SUBATCH, WESTERN STATES EQUIPMENT ORDER COMPANY ("CAT"), AND JOHN DOES 1-60, Defendants and Appellees, TRAIL CREEK ENTERPRISES, LLC AND JASON SUBATCH, Counter-Plaintiffs and Appellees. _________________

Pursuant to the Internal Operating Rules of this Court, this cause is classified for submission on briefs to a five-justice panel of this Court.

The Clerk is directed to provide a copy hereof to all counsel of record and to the Honorable Deborah Kim Christopher, District Judge.

For the Court,

Electronically signed by: Mike McGrath Chief Justice, Montana Supreme Court December 16 2020