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RICKARD v. PARADIS

No. 12835.

539 P.2d 718 (1975)

Loula RICKARD, Plaintiff and Appellant, v. George PARADIS et al., Defendants and Respondents. William N. CHURCHILL, Plaintiff and Appellant, v. George PARADIS et al., Defendants and Respondents.

Supreme Court of Montana.

Decided August 11, 1975.

Rehearing Denied September 2, 1975.

Attorney(s) appearing for the Case

Burgess, Joyce, Prothero, Whelan and O'Leary, Thomas F. Joyce argued and Francis C. Burgess, appeared, Butte, for plaintiff-appellant.

Small, Cummins & Hatch and Gregory A. Jackson, Gregory A. Jackson argued, Helena, for defendants-respondents.

HASWELL, Justice.

Plaintiffs appeal from summary judgments awarded defendants in companion cases by the district court of Jefferson County. The sole issue is whether the summary judgments should have been granted.

Plaintiff in each action sought damages against defendants for alleged negligence of a peace officer acting within the scope of his employment in firing a gun and wounding each plaintiff while attempting to quell a melee that erupted in Whitehall...

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