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LIMA SCHOOL DIST. NO. 12 v. SIMONSEN

No. 83-96.

683 P.2d 471 (1984)

LIMA SCHOOL DISTRICT NO. 12 AND ELEMENTARY SCHOOL DISTRICT OF BEAVERHEAD COUNTY, Montana, Plaintiff and Appellant, v. Kenneth SIMONSEN and Ann Simonsen, Defendants and Respondents.

Supreme Court of Montana.

Decided May 24, 1984.

Attorney(s) appearing for the Case

W.G. Gilbert, III, Dillon, for plaintiff and appellant.

Thomas A. Dooling, Dillon, for defendants and respondents.

Richard P. Bartos, Office of Public Instruction, Helena, for amicus curiae.

HASWELL, Chief Justice.

The Lima School District No. 12 filed suit against Kenneth and Ann Simonsen in 1979 to recover money paid to the Simonsens under a transportation contract. The Simonsens counterclaimed alleging damages resulting from prior acts of the School District and the filing of the suit. The Beaverhead County District Court denied the claim of the School District and awarded the defendants $5,000 on their counterclaim. The Lima School District appeals...

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