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NEHRING v. LaCOUNTE

No. 85-84.

712 P.2d 1329 (1986)

Beatrice T. NEHRING, widow and surviving heir of Harold W. Nehring, deceased; Donald D. Nehring, Personal Representative of the estate of Harold Nehring, deceased, and Tri-State Insurance Company of Minnesota, a Corp., Plaintiffs and Apellants, v. Earl L. LaCOUNTE and Jnice C. LaCounte, d/b/a Lenny's Bar, Defendants, Third-Party Plaintiffs and Respondents, and Michael J. BOTTENSEK, Defendant, v. INSURANCE COMPANY OF NORTH AMERICA, a Corp.; Seitz Insurance Agency, and Rodney Lemieux, individually and as agent for Seitz Insurance Agency and Insurance Company of North America, Third-Party Defendants.

Supreme Court of Montana.

Decided January 21, 1986.

Attorney(s) appearing for the Case

Jacque Best, Habedank, Cumming, Best & Maltese, Sidney, Gene R. Jarussi, argued, Keefer, Roybal, Hanson, Stacey & Jarussi, Billings, for plaintiffs and appellants.

Donald L. Harris, argued, Crowley Law Firm, Billings, Francis J. McCarvel, Glasgow, Richard F. Cebull, Anderson, Brown Law Firm, Billings, Thomas Monaghan, Lucas & Monaghan, Miles City, for defendants, third-party plaintiffs and respondents.

Rodney T. Hartman, Herndon, Harper & Munro, Billings, for amicus curiae Robert Brust d/b/a Drifter's Tavern.

HASWELL, Retired Chief Justice.*

In a wrongful death and survival action against the operators of a Montana tavern who allegedly wrongfully served alcoholic beverages to a driver who later killed decedent in an automobile accident, the Roosevelt County District Court granted summary judgment to the tavern operators. We vacate and remand.

The accident occurred during the early morning...

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