♤ Under the Agreement, Sierra, at the direction of McDermott, was responsible for locating and developing one or more prospects for the acquisition or development of oil and gas. The parties to the Agreement are Four Beat, owned by Siemer, MCR Partnership (MCR), owned by McDermott, and Sierra, a Nevada corporation formed on November 1, 2000, and owned entirely by the Stephco Trust, of which McDermott is a trustee. Siemer and McDermott entered into an Exploration Agreement (Agreement) dated December 1, 2000. Siemer retained a Montana attorney who was knowledgeable in oil and gas development issues to advise him concerning 2 potential projects in Montana. ♣ After touring oil and gas properties in the Shelby area and meeting Bill Fulton, Siemer decided to go into business with McDermott. Fulton (Bill Fulton) had a potential business opportunity developing oil and gas on lands owned by his company, Fulton Fuel Company (Fulton Fuel), in the Shelby area. McDermott mentioned to Siemer that one of his clients, William M. McDermott was a certified public accountant who was knowledgeable in oil and gas development. Siemer had recently made a profit of roughly $3 million dollars from business ventures in Florida, and was looking for a way to make investments in an effort to avoid tax liability and pursue new business opportunities. During the course of subsequent conversations, Siemer and McDermott discussed business prospects involving oil and gas development of which McDermott was aware around Shelby, Montana. In July 2000, they crossed paths again when both were vacationing near West Glacier, Montana. FACTUAL AND PROCEDURAL BACKGROUND ♢ Michael Siemer (Siemer) and Gary McDermott (McDermott) had previously conducted business dealings together in the 1980 s. Sierra argues that the $2.5 million dollar verdict should be reversed because it is not supported by substantial evidence. Four Beat Alliance (Four Beat) for a breach of contract claim. ♡ Sierra Production Company (Sierra) appeals from a jury verdict which in part awarded $2.5 million dollars in damages to plaintiff D.R. Cotter delivered the Opinion of the Court. Harris, Harman, Warren & Harris, PLLP, Billings, Montana Submitted on Briefs: JDecided: SeptemFiled: _ Clerk Justice Patricia O. Parker, Parker, Heitz & Cosgrove, PLLC, Billings, Montana Donald L. Allen, Attorney at Law, Shelby, Montana For Appellee: Mark D. Holden, Faure Holden, Great Falls, Montana Douglas C. Wayne Phillips, Presiding Judge COUNSEL OF RECORD: For Appellant: Jason T. APPEAL FROM: District Court of the Ninth Judicial District, In and For the County of Toole, Cause No. SIERRA PRODUCTION COMPANY, Defendant and Appellant. FOUR BEAT ALLIANCE, LLC DR FOUR BEAT ENERGY CORP., a body corporate registered to do business in the Province of Alberta and MICHAEL SIEMER, Plaintiffs and Appellees, v. SeptemDA 08-0546 IN THE SUPREME COURT OF THE STATE OF MONTANA 2009 MT 319 D.R.
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