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BELUE v. STATE

No. 81-501.

649 P.2d 752 (1982)

Travis BELUE and Aaron Kemph, Plaintiffs and Appellants, v. The STATE of Montana, Musselshell County, Defendants and Respondents.

Supreme Court of Montana.

Decided August 16, 1982.

Attorney(s) appearing for the Case

Clarence T. Belue, argued, Hardin, for plaintiffs and appellants.

Ask & Pratt, Thomas Ask, argued, Roundup, for defendants and respondents.

HARRISON, Justice.

An action was brought by the plaintiffs alleging negligence and maintaining a public or private nuisance. The District Court entered summary judgment for the defendants with respect to such claims and the plaintiffs appeal.

The sole issue before the Court is whether the facts as developed on a motion for summary judgment show that a burning slag pile constituted the foreseeable risk of forest and...

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