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EVANS v. MONTANA NAT. GUARD

No. 86-128.

726 P.2d 1160 (1986)

David EVANS, Plaintiff and Appellant, v. MONTANA NATIONAL GUARD, DEPARTMENT OF MILITARY AFFAIRS OF the STATE OF MONTANA, and State of Montana, Defendants and Respondents.

Supreme Court of Montana.

Decided October 24, 1986.

Attorney(s) appearing for the Case

Moses Law Firm, Jay Lansing, Billings, for plaintiff and appellant.

R. Scott Currey, Agency Legal Services Bureau, Helena, for defendants and respondents.

HUNT, Justice.

Plaintiff David Evans appeals from summary judgment against him entered by the District Court of the Thirteenth Judicial District, Yellowstone County. We affirm.

There is one issue on appeal. Did the District Court err in granting summary judgment in favor of defendants?

Evans is a member of the Montana National Guard. In 1981, he went on weekend drill with the Guard at Fort Harrison. Evans was assigned, along with two others, the task...

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