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SITZMAN v. SCHUMAKER

Nos. 85-259, 85-260.

718 P.2d 657 (1986)

Barbara SITZMAN, Petitioner and Appellant, v. Jake SCHUMAKER, Respondent and Respondent. James H. SITZMAN, Petitioner and Appellant, v. Jake SCHUMAKER, Respondent and Respondent.

Supreme Court of Montana.

Decided May 15, 1986.

Attorney(s) appearing for the Case

Kelly & Kelly, Patrick J. Kelly, argued, Terry J. Hanson, Miles City, for petitioner and appellant.

Crowley, Haughey, Hanson, Toole & Dietrich, William J. Mattix, Billings, argued, for respondent and respondent.

HARRISON, Justice.

This is an appeal from a summary judgment of the District Court in the Seventh Judicial District of the State of Montana, in and for Prairie County. We reverse and remand for trial.

The plaintiff, James Sitzman, worked for the defendant, Jake Shumaker, performing general ranch labor. The two men did not get along. Shumaker often called Sitzman a "son-of-a-bitch" and "idiot." Sitzman did not respond to these names at first, but eventually...

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