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CANTWELL v. GEIGER

No. 86-549.

742 P.2d 468 (1987)

Theresa CANTWELL, Plaintiff and Respondent, v. Augusta GEIGER, Dawson County Assessor; Dawson County Board of Commissioners, Defendants and Respondents, and The Montana Department of Revenue, Defendant and Appellant.

Supreme Court of Montana.

Decided September 15, 1987.

Attorney(s) appearing for the Case

Larry G. Schuster, Dept. of Revenue, Helena, for defendant and appellant.

Ira Eakin, Billings, for Cantwell.

Matthew W. Knierim, Gallagher, Archembeault & Knierim, Glasgow, for Geiger.

Rodney Hartman, Herndon, Harper & Munro, Billings, for Dawson County.

HUNT, Justice.

This is an appeal from the First Judicial District, Dawson County, Montana. The Montana Department of Revenue (DOR) appeals from an order granting a motion for summary judgment in favor of the Dawson County Commissioners, dismissing them with prejudice.

We affirm the order of the District Court.

The issues raised for our review on appeal are as follows:

1. Whether the District Court erred in granting summary judgment to the Dawson...

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