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BRYANT v. HALL

No. 11893.

482 P.2d 147 (1971)

Bruce E. BRYANT, Administrator of the Estate of Sylvia E. Bryant, Deceased, Plaintiff and Appellant, v. Earl L. HALL, M.D., H.W. Fuller, M.D., Robert E. Asmussen, M.D., et al., Defendants and Respondents.

Supreme Court of Montana.

Decided March 9, 1971.

Attorney(s) appearing for the Case

Dzivi, Conklin & Johnson, William P. Conklin (argued) Great Falls, for plaintiff and appellant.

Jardine, Stephenson, Blewett & Weaver, John D. Stephenson Jr. (argued) Smith, Emmons & Baillie, William L. Baillie (argued) Great Falls, for defendants and respondents.

HASWELL, Justice.

In an action for the alleged wrongful death of an adult, the district court of Cascade County entered summary judgment in favor of three defendants on the basis that the action was barred by the two year statute of limitations governing property damage claims. Plaintiff appeals.

There is but one issue upon appeal: Does the two year statute of limitations governing property damage claims, section 93-2607(2), R.C.M. 1947, or the three year...

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