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SIMMONS v. STATE

No. 83-102.

670 P.2d 1372 (1983)

Dan SIMMONS, as Guardian Ad Litem of Breton Simmons, A Minor, Plaintiff and Appellant, v. STATE of Montana and State of Oregon, Defendants and Respondents.

Supreme Court of Montana.

Decided October 17, 1983.

Attorney(s) appearing for the Case

Douglas R. Austin, Missoula, Alan G. Starkoff argued, Starkoff & Starkoff Co., Cleveland, Ohio, for plaintiff and appellant.

Garlington, Lohn & Robinson, Larry E. Riley, Missoula, Pamela L. Abernathy argued, Asst. Atty. Gen., Salem, Or., Boone, Karlberg & Haddon, Tom Boone, Missoula, for defendants and respondents.

GULBRANDSON, Justice.

Plaintiff, acting as guardian ad litem for his minor son, appeals from an order of the District Court of the Fourth Judicial District, Missoula County, granting defendant State of Oregon's motion to dismiss plaintiff's lawsuit on grounds that Oregon did not have sufficient minimum contacts with Montana so as to subject it to this state's jurisdiction, and also that, in any event, considerations of comity...

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