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JOHNSON v. MARIAS RIVER ELEC. CO-OP., INC.

No. 83-370.

687 P.2d 668 (1984)

Patricia D. JOHNSON, as Personal Representative of the Estate of Terry L. Johnson, and as Guardian Ad Litem for Susan P. and Robin J. Johnson, Minors, Plaintiffs and Appellants, v. MARIAS RIVER ELECTRIC COOPERATIVE, INC., a public utility; and Edwin Vander Pas, d/b/a Vander Pas Oil Co., Defendants and Respondents.

Supreme Court of Montana.

Decided August 14, 1984.

Rehearing Denied September 27, 1984.

Attorney(s) appearing for the Case

Terry N. Trieweiler argued, Whitefish, for plaintiffs and appellants.

Robert Emmons, Great Falls, argued, for Vander Pas.

Edward W. Borer, Great Falls, argued, for Marias River.

Mike Greely, Atty. Gen., Helena, for Constitutional challenge.

SHEEHY, Justice.

The issue in this case is whether minor children of a decedent who is survived by his spouse are proper parties in a wrongful death action after the enactment of sections 72-1-103(18), and 72-2-202, MCA, of the Uniform Probate Code.

We hold that the issue of a decedent who is survived by his spouse may maintain an action for damages under section 27-1-513, MCA.

The conflict in the statutes arises in this way: The wrongful death statute...

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