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SCHAFFER v. CHAMPION HOME BUILDERS CO.

No. 87-146.

747 P.2d 872 (1987)

Dale SCHAFFER, as the Personal Representative of the Estate of Charles A. Hansen, Michael J. Hansen, Gary A. Hansen and Mary Ellen Cheffmore, Plaintiffs and Appellants, v. CHAMPION HOME BUILDERS COMPANY, Defendant and Respondent.

Supreme Court of Montana.

Decided December 31, 1987.

Attorney(s) appearing for the Case

Knight, Dahood, McLean & Everett; Edward G. Beaudette, Anaconda, for plaintiffs and appellants.

Poore, Roth & Robinson; John P. Davis, Butte, for defendant and respondent.

TURNAGE, Chief Justice.

Plaintiffs appeal the summary judgment of the Third Judicial District, Powell County. The judgment dismissed plaintiffs' wrongful death and survival complaint which was not filed until one day after the statute of limitations had expired. We affirm.

The parties present three issues for our review:

1. Did the District Court abuse its discretion when it dismissed plaintiffs' wrongful death and survival actions?

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