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BRAULT v. SMITH

No. 83-194.

679 P.2d 236 (1984)

Kelly J. BRAULT, Plaintiff and Appellant, v. Richard Dale SMITH, Alice Smith, Engine Rebuilders, Inc., a Mont. corp., W.D. Hirst, James H. Sadler, & Missoula Bank of Montana, Defendants and Respondents.

Supreme Court of Montana.

Decided March 29, 1984.

Attorney(s) appearing for the Case

Raymond W. Brault, Helena, for plaintiff and appellant.

Datsopoulos, MacDonald & Lind, Ronald B. MacDonald, Missoula, for Smith & Engine Rebuilders.

Patterson, Marsillo, Tornabene & Schuyler, John Dostal, Missoula, for Hirst.

Worden, Thane & Haines, Patrick G. Frank, Missoula, for Bank of Montana.

HASWELL, Chief Justice.

Appellant Kelly Brault filed a complaint on May 9, 1980, in the Missoula County District Court alleging libel, slander, contract losses and abuse of process. The defendants in that action, Richard and Alice Smith, Engine Rebuilders, Inc., W.D. Hirst, James Sadler and the Missoula Bank of Montana (hereinafter referred to as respondents) filed motions to dismiss. After oral argument the District Court issued an order of dismissal from which Kelly...

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