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B.M. BY BERGER v. STATE

No. 84-274.

698 P.2d 399 (1985)

B.M., a minor, by leona M. BERGER, her Guardian Ad Litem, Plaintiff and Appellant, v. STATE of Montana, Delores Colberg, Superintendent of Public Instruction, Montana; County of Valley, Montana; Irma McInerney, Superintendent of Schools, Valley County, Montana; Elementary School District Number Thirteen (13), Nashua, Valley County, Montana, et al., Defendants and Respondents.

Supreme Court of Montana.

Decided March 7, 1985.

Rehearing Denied May 13, 1985.

Attorney(s) appearing for the Case

Russell A. Lavigne, Jr., argued, Montana Legal Services, Helena, for plaintiff and appellant.

Anderson, Brown, Gerbase, Cebull & Jones, Richard Cebull argued, Billings, for State.

Smith Law Firm, Chadwick Smith argued, Helena, for School Dist. # 13.

David Nielson, County Atty., argued, Glasgow, for Valley County.

James P. Lucas, Miles City, for Jones.

TURNAGE, Chief Justice.

Plaintiff, a minor, through her foster mother, appeals from an order of the District Court of the Seventeenth Judicial District, Valley County, of May 7, 1984, granting motions for summary judgment by defendants State of Montana and Dolores Colberg; Elementary School District Number Thirteen (13); Nashua, Valley County, Montana; and William Jones, psychologist. We affirm the lower court order.

The child's claim for damages from her...

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