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SAINT PATRICK HOSPITAL v. POWELL COUNTY

No. 11854.

477 P.2d 340 (1970)

SAINT PATRICK HOSPITAL, a non-profit Corporation, Dennis A. Reighard and Margaret Reighard, Plaintiffs and Appellants, v. POWELL COUNTY, A Political Subdivision of the State of Montana, the Board of County Commissioners of Powell County in their Capacity as the Powell County Welfare Board, Defendants and Respondents.

Supreme Court of Montana.

Decided November 17, 1970.

Attorney(s) appearing for the Case

Mulroney, Mulroney & Delaney, Dexter L. Delaney argued, Missoula, for plaintiffs and appellants.

Chadwick Smith argued, Helena, amicus curiae.

Malcolm MacCalman argued, Deer Lodge, for defendants and respondents.

JAMES T. HARRISON, Chief Justice.

This is an appeal from a judgment of the district court of the third judicial district, county of Powell entered following a trial before the court, sitting without a jury, which denied plaintiffs medical assistance under the Public Welfare Act of the state of Montana.

From the record it appears that on October 3, 1967, Michael Reighard, son of Dennis A. and Margaret Reighard, was severely injured by an accidental gunshot...

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