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KLAUDT v. FLINK

No. 82-247.

658 P.2d 1065 (1983)

Neil L. KLAUDT, Personal Rep. of the Estate of Scott A. Klaudt, et al., Plaintiffs and Appellants, v. Calvin E. FLINK and State Farm Mutual Automobile Insurance Co., Defendants and Respondents.

Supreme Court of Montana.

Decided January 28, 1983.

Rehearing Denied March 1, 1983.

Attorney(s) appearing for the Case

Boone, Karlberg & Haddon, Missoula, Sam Haddon argued, Missoula, for plaintiffs and appellants.

Hughes, Kellner, Sullivan & Alke, Stuart L. Kellner argued, Helena, Williams Law Firm, Missoula, for defendants and respondents.

DALY, Justice.

This is an appeal from a final judgment entered in the District Court of the Fourth Judicial District, Missoula County.

State Farm Mutual filed a motion to dismiss Count III of the complaint, which named it as defendant, for failure to state a claim on which relief could be granted. The District Court granted this motion and entered final judgment on May 25, 1982, pursuant to Rule 54(b) M.R.Civ.P. The

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