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MACKIN v. STATE

No. 80-36.

621 P.2d 477 (1980)

Sharon MACKIN, Guardian Ad Litem of Michael Timmer, a minor, Plaintiff and Appellant, v. STATE of Montana, Defendant and Respondent.

Supreme Court of Montana.

Decided December 19, 1980.

Attorney(s) appearing for the Case

Keller, Reynolds, Drake, Sternhagen & Johnson, Keith Keller, argued, Helena, for plaintiff and appellant.

J. Michael Young, Dept. of Administration, Helena (argued), Carter N. Picotte, Robert Cummins, argued, Helena, for defendant and respondent.

DALY, Justice:

Plaintiff-appellant Sharon Mackin brought this tort action against the State in the Lewis and Clark County District Court on behalf of her minor son Michael Timmer. The trial court granted defendant's motion for partial summary judgment based upon section 2-9-104, MCA, dealing with sovereign immunity. The plaintiff appeals.

Michael Timmer, plaintiff's 12-year-old son and some friends were playing in an open field at Fort Harrison near Helena...

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