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FRAUNHOFER v. PRICE

No. 14401.

594 P.2d 324 (1979)

Thelma L. FRAUNHOFER, Plaintiff and Appellant, v. Donald L. PRICE, Personal Representative of the Estate of Omar C. Fraunhofer, Defendant and Respondent.

Supreme Court of Montana.

Decided April 30, 1979.

Attorney(s) appearing for the Case

James, Gray & McCafferty, Great Falls, Dennis McCafferty, argued, Great Falls, for plaintiff and appellant.

Church, Harris, Johnson & Williams, Great Falls, M.O. Wordal, argued, Great Falls, for defendant and respondent.

JAMES B. WHEELIS, District Judge.*

Plaintiff Thelma L. Fraunhofer appeals from an order of the District Court of the Eighth Judicial District, Cascade County, the Honorable Joel G. Roth presiding, granting defendant's motion to dismiss plaintiff's complaint for failure to state a claim upon which relief can be granted.

This case involves an attempt by plaintiff to have a divorce decree declared void ab initio and to have...

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