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B.M. v. STATE

No. 81-72.

649 P.2d 425 (1982)

B.M., a minor, by Leona M. Burger, her guardian Ad Litem, Plaintiff and Appellant, v. STATE of Montana, et al., Defendants and Respondents.

Supreme Court of Montana.

Decided July 14, 1982.

Rehearing Denied August 20, 1982.

Attorney(s) appearing for the Case

Russell A. Lavigne, Jr., argued, Helena, for appellant.

Lucas, Jardine & Monaghan, Miles City, A. Lance Tonn argued, Miles City, John A. Langen argued, Glasgow, Anderson, Symmes, Forbes, Peete & Brown, Billings, Richard F. Cebull argued, Billings, Robert Hurly, Gordon T. White, Glasgow, for defendants and respondents.

SHEA, Justice.

B.M., a minor, through her foster mother, appeals from summary judgment entered in Valley County District Court. The child's claim for damages arises from her placement in a special education program when she was six years old.

The child's complaint alleged that the State was negligent in placing her in such a program and that the alleged misplacement violated her constitutional rights of due process and equal protection. After extensive

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