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WESTON v. COLE

No. 88-50.

758 P.2d 289 (1988)

Russell R. WESTON, Jr., Plaintiff and Appellant, v. Dorothy COLE, Defendant and Respondent.

Supreme Court of Montana.

Decided July 19, 1988.

Rehearing Denied August 17, 1988.

Attorney(s) appearing for the Case

Daniel J. Shea, Helena, for plaintiff and appellant.

Smith Law Firm, Chadwick H. Smith, Helena, for defendant and respondent.

HARRISON, Justice.

Plaintiff-appellant, Russell E. Weston, Jr. (Weston), appeals a District Court order dismissing his law suit against defendant-respondent, Dorothy Cole (Cole). The order was entered in the Fifth Judicial District, Jefferson County, by the Honorable Frank M. Davis. We affirm.

On October 23, 1986, Weston filed a law suit against Cole alleging she struck him in the head with a cane. Specifically, the complaint alleged:

[d]efendant...

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