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BUCK v. STATE

No. 84-504.

723 P.2d 210 (1986)

Tamela BUCK, Alice Keys, Kelly Keys, John A. Buck and Dorothy J. Buck, Individually and as personal representatives of the estate of Elizabeth Ruth Buck, deceased, Plaintiffs and Appellants, v. STATE of Montana, a body politic and Madison County, a political subdivision of the State of Montana, Defendants and Respondents.

Supreme Court of Montana.

Decided August 4, 1986.

Rehearing Denied September 2, 1986.

Attorney(s) appearing for the Case

Corette, Smith, Pohlman & Allen, Dolphy Pohlman, Butte, argued, Hash, Jellison, O'Brien & Bartlett, James C. Bartlett, Kalispell, argued for plaintiffs and appellants.

John H. Maynard and Daniel Hoven, argued, for State of Mont.

Harrison, Loendorf & Poston, James T. Harrison, Jr., Helena, argued, for Madison County.

SHEEHY, Justice.

This is an appeal by each of the plaintiffs above named from a judgment entered against them and in favor of the State of Montana and the County of Madison after jury trial in the District Court, Fifth Judicial District, Madison County.

On August 30, 1980, at approximately 2:15 o'clock a.m., Tamela Buck, Alice Keys, Kelly Keys and Elizabeth Ruth Buck were traveling in a 1973 Volkswagon from Whitehall to their home on the South Boulder River...

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