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PLOYHAR v. BOARD OF TRUSTEES OF MISSOULA

No. 14856.

609 P.2d 1226 (1980)

Albert PLOYHAR and Margaret Ployhar, husband and wife, Plaintiffs and Respondents, v. BOARD OF TRUSTEES OF MISSOULA COUNTY HIGH SCHOOL et al., Defendants and Appellants.

Supreme Court of Montana.

Decided April 22, 1980.

Attorney(s) appearing for the Case

Garlington, Lohn & Robinson, Missoula, for defendants and appellants.

Frank B. Morrison, Jr., Law Firm, Skelton & Knight, Missoula, for plaintiffs and respondents.

SHEA, Justice.

The defendant, Board of Trustees of Missoula County High School (hereinafter referred to as Board) appeals the order of the Missoula County District Court, granting the plaintiffs' motion for a new trial. The Board contends that the trial court erroneously concluded that the expert testimony of Arlyn Simms was not necessary and that his testimony prejudiced the plaintiffs' case.

On April 24, 1975, the plaintiffs, Margaret and Albert Ployhar...

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