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ORSER v. STATE

No. 13981.

582 P.2d 1227 (1978)

John ORSER et al., Plaintiffs and Appellants, v. STATE of Montana et al., Defendants and Respondents.

Supreme Court of Montana.

Decided August 9, 1978.

Attorney(s) appearing for the Case

H. James Oleson argued, Kalispell, for plaintiffs and appellants.

Anderson, Symmes, Brown, Gerbase, Cebull & Jones, Billings, Richard F. Cebull argued, Billings, for defendants and respondents.

DALY, Justice.

This is an action for malicious prosecution brought by John Orser and Charles Tecca against three state game wardens, the Montana Fish and Game Commission, and the State of Montana. The District Court, Park County, granted defendants' motion for a directed verdict and dismissed the case against them. Plaintiffs' motion for rehearing was denied, and they bring this appeal.

On the afternoon of February 11, 1975, two state game wardens, Gary Ordish...

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