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KELLER v. STEMBRIDGE GUN RENTALS

No. 85-474.

719 P.2d 764 (1986)

Allen KELLER, Plaintiff and Appellant, v. STEMBRIDGE GUN RENTALS, and A.B.C. Manufacturing, Defendant and Respondent.

Supreme Court of Montana.

Decided June 3, 1986.

Attorney(s) appearing for the Case

Anderson, Edwards & Molloy; Donald W. Molloy argued, Billings, for plaintiff-appellant.

Murphy, Robinson, Heckathorn & Phillips; Debra D. Parker argued, Kalispell, Beaudry & Brown; Don F. Beaudry, Los Angeles, Cal., for defendant-respondent.

HARRISON, Justice.

This is an appeal from an order of the District Court of the Eleventh Judicial District in and for Flathead County, Montana, granting defendant summary judgment. The court held plaintiff's claim was barred because the relation back rule did not apply and the statute of limitations is not tolled. We affirm.

The question on appeal is whether the statute of limitations is tolled on the date the original complaint was filed when the complaint...

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