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ROY v. NEIBAUER

No. 79-56.

610 P.2d 1185 (1980)

Rob ROY, Individually and as guardian ad litem of Heather Roy, Plaintiff and Appellant, v. Walter NEIBAUER and John Carlson, Defendant and Respondent.

Supreme Court of Montana.

Decided May 12, 1980.

Attorney(s) appearing for the Case

Hoyt, Trieweiler, Lewis & Regnier, Great Falls, for plaintiff and appellant.

Jardine, Stephenson, Blewett & Weaver, Thomas E. Boland, Great Falls, for defendant and respondent.

SHEA, Justice.

Plaintiff appeals an order of the Cascade County District Court granting summary judgment in favor of defendant Walter Neibauer. The plaintiff's action against the other defendant, John Carlson, is still pending. Because the order appealed from is not a final one, and the plaintiff failed to comply with the requirements of certification specified in Rule 54(b), M.R.Civ.P., this appeal is dismissed without...

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