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MILLER v. FALLON COUNTY

No. 89-168.

783 P.2d 419 (1989)

Cecil P. MILLER, Plaintiff and Appellant, v. FALLON COUNTY, Defendant and Respondent.

Supreme Court of Montana.

Decided December 13, 1989.

Attorney(s) appearing for the Case

Donald W. Molloy, argued Anderson, Edwards & Molloy, Billings, for plaintiff and appellant.

Calvin J. Stacey, argued Keefer, Roybal, Hansen, Stacey & Walen, Billings, Denzil R. Young, argued, Fallon Co. Atty., Baker, for respondent.

William L. Crowley, Boone, Karlberg & Haddon, David R. Brown, Missoula, for amicus curiae.

WEBER, Justice.

This appeal arises from an order by the District Court, Sixteenth Judicial District, Fallon County, Montana. The District Court granted summary judgment in favor of defendant, concluding that plaintiff's suit against Fallon County was barred because the county was statutorily immune from suit. Plaintiff appeals. We affirm.

The issues on appeal are:

1. Did the District Court err in granting summary judgment in favor of defendant Fallon...

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