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BOZEMAN DEACONESS FOUNDATION v. COWGILL

No. 10591.

387 P.2d 435 (1963)

BOZEMAN DEACONESS FOUNDATION, Plaintiff and Appellant, v. Warren T. COWGILL, Frank P. Messmer, Robert T. Smith, S. J. Kaiser, Jr., Edward M. Chauner, Audrey M. Lovelace as executrix of the Estate of Dan R. Lovelace, Deceased; T. G. Haggerty, B. & E. Co., Inc., a Corporation, and Lovelace Motor Supply, a Corporation, Defendants and Respondents.

Supreme Court of Montana.

Decided December 17, 1963.

Attorney(s) appearing for the Case

G. Page Wellcome, County Atty. (argued), James H. Morrow, Jr., Bozeman, for appellant.

Corette, Smith & Dean, Butte, Berg, O'Connell & Angel, Bozeman, Steadman and Steadman, Cody, Wyo., Michael J. O'Connell (argued), Bozeman, Harold Dean (appeared), Butte, for respondents.

JAMES T. HARRISON

This is an appeal from an order of the district court granting a motion to dismiss one claim in a complaint containing three separate claims for relief. The appellant, the Bozeman Deaconess Foundation, is the plaintiff and will be referred to as such in this opinion.

The complaint (as amended) alleges three separate claims for relief which, in essence, are as follows:

(1) Five of the individual defendants and the deceased Dan R. Lovelace...

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