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CUMMINGS v. TOWN OF PLAINS

No. 89-071.

790 P.2d 486 (1990)

Lon CUMMINGS, Plaintiff and Appellant, v. TOWN OF PLAINS, Rod Stamm, Jack Harwood, Forrest Kaufman, W.L. Vacura, Jean Morrison and Heiga Martin, Defendants and Respondents.

Supreme Court of Montana.

Decided April 12, 1990.

Attorney(s) appearing for the Case

Matthew H. O'Neill, argued, French, Mercer & Grainey, Polson, for plaintiff and appellant.

Randy J. Cox, argued, Boone, Karlberg & Haddon, Missoula, for Town of Plains.

M. Richard Gebhardt, argued, Missoula, for Stamm, Harwood, Kaufman, Vacura, Morrison and Martin.

HARRISON, Justice.

This is an appeal from summary judgment by the Twentieth Judicial District, Sanders County, Montana, on claims against the Town of Plains and the Plains town council members arising out of appellant's discharge as a relief police officer. We reverse and remand for proceedings consistent with this opinion.

Appellant presents the following issues for review:

1. Does § 2-9-111, MCA, grant...

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