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BRYMERSKI v. CITY OF GREAT FALLS

No. 81-108.

636 P.2d 846 (1981)

John BRYMERSKI and Alice Brymerski, Plaintiffs and Appellants, v. CITY OF GREAT FALLS, a municipal corp. of the State of Montana, Thomas C. Mather, Shirley R. Pappin, Personal Representative of the Estate of Robert F. Pappin, Defendants and Respondents.

Supreme Court of Montana.

Decided November 25, 1981.

Attorney(s) appearing for the Case

Dzivi, Conklin & Nybo, Great Falls, for plaintiffs and appellants.

Smith, Baillie & Walsh, Swanberg, Koby, Swanberg & Matteucci, Alexander & Baucus, David Gliko, Great Falls, for defendants and respondents.

HASWELL, Chief Justice.

This is an appeal by plaintiffs from an order of the Eighth Judicial District Court granting defendants' motion to dismiss the plaintiffs' action for failure to prosecute. We reverse.

Between the summer of 1975 and the summer of 1976, defendants Robert and Shirley Pappin and Thomas Mather (hereinafter referred to as Pappin/Mather) were responsible for the construction of streets, the installation of curbs and gutters, and the excavation...

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