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PHILLIPS v. CITY OF BILLINGS

No. 88-126.

758 P.2d 772 (1988)

Dennis B. PHILLIPS, Betty Phillips and Owen Hake, Plaintiffs and Appellants, v. CITY OF BILLINGS, Defendant and Respondent, v. James BUFFALOHORN, Defendant.

Supreme Court of Montana.

Decided August 11, 1988.

Attorney(s) appearing for the Case

Mark D. Parker, Parker Law Firm, Billings, for plaintiffs and appellants.

Charles R. Cashmore, Crowley Law Firm, Francis X. Lame Bull, Billings, for defendant and respondent.

McDONOUGH, Justice.

This appeal from the Thirteenth Judicial District involves appellants Phillips' and Hake's (Phillips) claims against the City of Billings (Billings) for the alleged negligence of two city police officers. The District Court granted summary judgment to Billings. We affirm.

The undisputed facts are as follows: At approximately 6:00 a.m., on February 28, 1986, a car driven by James Buffalohorn entered a Billings intersection against a red...

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