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LERUM v. LOGUE

No. 81-353.

645 P.2d 418 (1982)

Donald H. LERUM et ux., Plaintiffs, v. John E. LOGUE, Defendant. John E. LOGUE, Third Party Plaintiff, Respondent, v. Marilyn S. SMITHSON a/k/a Marilyn Sue Morris, Third Party Defendant, Appellant.

Supreme Court of Montana.

Decided May 13, 1982.

Attorney(s) appearing for the Case

LaRue Smith, Great Falls, for third party defendant, appellant.

Richard DeJana, Kalispell, for third party plaintiff, respondent.

Measure & Ogle, Kalispell, for plaintiffs.

SHEA, Justice.

We are compelled to dismiss this appeal from the Flathead County District Court because the notice of appeal was not filed within the time permitted by Rule 5, M.R. App.Civ.P.

After the Flathead County District Court entered a May 22, 1980 judgment in a contract action against Marilyn Sue Morris, she moved the court under Rule 60(b)(4), M.R. Civ.P., to vacate that judgment for being void. Logue's counsel...

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