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SCHWEITZER v. ESTATE OF HALKO

No. 87-371.

751 P.2d 1064 (1988)

Walter Adam SCHWEITZER, Plaintiff and Counter-Defendant, v. ESTATE OF Andrew C. HALKO, Defendant and Counter-Plaintiff. ESTATE OF Andrew C. HALKO, Third Party Plaintiff and Appellant, v. Clarke M. DAWSON, Third Party Defendant and Respondent.

Supreme Court of Montana.

Decided March 25, 1988.

Attorney(s) appearing for the Case

Howard F. Strause, Great Falls, for plaintiff and counter-defendant, defendant and counter-plaintiff.

William Conklin, Great Falls, for Dawson.

Bradley Parrish, Lewistown, for Schweitzer.

SHEEHY, Justice.

The Estate of Andrew Halko appeals from an order of the District Court, Tenth Judicial District, Judith Basin County, dismissing their claims against the defendant Clarke Dawson on the grounds that the applicable statute of limitations had run. We affirm.

The Halko estate presents two issues on appeal. They are:

1. Did the trial court err in granting summary judgment on the basis of the statute of limitations having run?

2...

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