MASCARENA v. BOOTH

No. 13279.

568 P.2d 182 (1977)

Thomas MASCARENA, a minor child and urbabo torres, guardian ad litem, Plaintiff and Appellant, v. Darrell BOOTH et al., Defendants and Respondents.

Supreme Court of Montana.

Decided August 29, 1977.


Attorney(s) appearing for the Case

Cate, Lynaugh, Fitzgerald & Huss, Billings, Thomas J. Lynaugh, argued, Billings, for plaintiff and appellant.

Crowley, Kilbourne, Haughey, Hanson & Gallagher, Billings, Jack S. Ramirez, argued, Billings, for defendants and respondents.


DALY, Justice.

This is an appeal from an order and final judgment of the district court, Yellowstone County, granting defendants' motion for summary judgment and decreeing that judgment be entered in favor of defendants and against plaintiff. The sole issue on appeal is whether defendants are entitled to summary judgment considering the underlying question of whether § 339(b)(c), Restatement, Second, Torts, presents questions of law or fact.

Plaintiff...

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