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THORING v. LaCOUNTE

No. 86-466.

733 P.2d 340 (1987)

Morris THORING, as Personal Representative of Patty Jean Thoring, Deceased, Morris Thoring as Guardian of Shawn Michael Thoring, surviving heir of Patty Thoring and National Farmers Union Insurance Company, a corporation, Plaintiffs and Respondents, v. Earl L. LaCOUNTE and Janice C. LaCounte, d/b/a Lenny's Bar, and Michael J. Bottensek, Defendants and Appellants.

Supreme Court of Montana.

Decided February 9, 1987.

Attorney(s) appearing for the Case

Crowley, Haughey, Hanson, Toole & Dietrich, Donald L. Harris, Billings, for defendants and appellants.

Bjella, Neff, Rathert, Wahl & Eiken, Al Wahl & William E. McKechnie, Williston, N.D., for plaintiffs and respondents.

SHEEHY, Justice.

On petition for rehearing, appellants LaCounte have called to our attention the District Court's certification of the issue of res judicata pursuant to Rule 54(b), M.R. Civ.P., and we find that the same is ripe for appeal. Accordingly, we withdraw our earlier opinion of January 8, 1987 and substitute the opinion below.

The LaCountes appeal the order of the District Court, Fifteenth Judicial District, County of Roosevelt, denying their motion...

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