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FOLDA v. CITY OF BOZEMAN

No. 13818.

582 P.2d 767 (1978)

Stanley J. FOLDA, Personal Representative of the Estate of Mary Magdalena Folda, Deceased, Plaintiff and Appellant, v. The CITY OF BOZEMAN, the V.F.W. Club and the Fraternal Order of Eagles No. 326, Defendants and Respondents.

Supreme Court of Montana.

Decided July 20, 1978.

Attorney(s) appearing for the Case

Bennett & Bennett, Bozeman, for plaintiff and appellant.

Berg, Angel, Andriolo & Morgan, Bozeman, Landoe, Gary & Planalp, Bozeman, Anderson, Symmes, Brown, Gerbase, Cebull & Jones, Billings, for defendants and respondents.

HARRISON, Justice.

Plaintiff appeals from a jury verdict in favor of defendant V.F.W. Club and from orders of the District Court granting directed verdicts in favor of defendants City of Bozeman & The Fraternal Order of Eagles No. 326 (Eagles) in plaintiff's suit for the death of his daughter.

In the early morning hours of June 7, 1975, Mary Folda, aged 17, and her friend, Cindy Williams, drowned in Bozeman Creek, within the City of Bozeman, Montana.<...

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