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RUDOLPH v. DUSSAULT

No. 88-361.

763 P.2d 1139 (1988)

Randall M. RUDOLPH, Plaintiff and Appellant, v. Ann DUSSAULT, et al., Defendant and Respondent.

Supreme Court of Montana.

Decided November 1, 1988.

Attorney(s) appearing for the Case

Randall M. Rudolph, Warm Springs, pro se.

Robert L. Deschamps, III, Co. Atty., Missoula, Michael Sehestedt, Deputy Co. Atty., for defendant and respondent.

WEBER, Justice.

Mr. Rudolph appeals from the dismissal with prejudice of his pro se complaint by the District Court for the Fourth Judicial District, Missoula County. We affirm as modified in this opinion.

The issue is whether the District Court erred in dismissing Mr. Rudolph's complaint on its own motion.

Mr. Rudolph was arrested, tried, and convicted on charges of robbery. While he was awaiting sentencing...

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