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NOONE v. FINK

No. 85-601.

721 P.2d 1275 (1986)

Audrey D. NOONE, Plaintiff and Petitioner, v. Robert Raymond FINK, Wallace J. Payer and Thomas J. Noone, Defendants and Respondents.

Supreme Court of Montana.

Decided July 17, 1986.

Attorney(s) appearing for the Case

Sandall, Cavan, Smith, Howard & Grubbs, W. Corbin Howard, Billings, for plaintiff and petitioner.

Alexander & Baucus, J. David Slovak, Great Falls, for defendants and respondents Robert Raymond Fink and Wallace J. Payer.

Moulton, Bellingham, Longo & Mather, Douglas James, Billings, for defendant and respondent Thomas J. Noone.

SHEEHY, Justice.

This is an original proceeding for a declaratory judgment on two certified questions from the United States District Court sitting in Billings.

There are two questions certified from the United States District Court: first, does the doctrine of interspousal tort immunity bar the claim of a wife-passenger against her husband-driver for her husband's negligence in the operation of a motor vehicle?...

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