Plaza West Dental Group v. Mountain States Telephone & Telegraph Co.

977 F.2d 590 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. PLAZA WEST DENTAL GROUP, Plaintiff-Appellant, v. MOUNTAIN STATES TELEPHONE & TELEGRAPH CO., Defendant-Appellee. No. 91-35672. United States Court of Appeals, Ninth Circuit. Submitted Oct. 6, 1992. * Decided Oct. 14, 1992. Before FARRIS, LEAVY and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 Plaza West Dental Group ("Plaza West") appeals the entering of summary judgment in favor of Mountain States Telephone & Telegraph Co. ("Mountain Bell") on Plaza West's claim of breach of the implied covenant of good faith and fair dealing. We affirm. 3 Plaza West alleges Mountain Bell's refusal to allow Plaza West to insert stickers into undistributed Yellow Pages after Mountain Bell omitted Plaza West's advertisement constitutes a breach of the implied covenant of good faith and fair dealing. 4 Under Montana law, "every contract, regardless of type, contains an implied covenant of good faith and fair dealing. A breach of…