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ORLANDO v. PREWETT

No. 88-419.

771 P.2d 111 (1989)

George ORLANDO, as Personal Representative of the Estate of Frank A. Donnes, Deceased, Plaintiff and Respondent, v. Lee PREWETT and Barbara Prewett, Husband and Wife, and L.R. Bretz, Defendants and Appellants. L.R. BRETZ, Plaintiff and Appellant, v. George ORLANDO, as Personal Representative of the Estate of Frank A. Donnes, Deceased, Defendant and Respondent.

Supreme Court of Montana.

Decided March 30, 1989.

Attorney(s) appearing for the Case

R.J. Carstensen, Billings, for defendants and appellants.

R. Russell Plath, Kelly & Halverson, P.C., Sheehy, Finn and Plath, Billings, for plaintiff and respondent.

HUNT, Justice.

L.R. Bretz appeals from an order of the District Court of the Sixteenth Judicial District, Treasure County, granting summary judgment to George Orlando, Personal Representative of the estate of Frank A. Donnes (Donnes Estate), and denying Bretz's motion to vacate and set aside a partial summary judgment previously awarded to the Donnes Estate. We affirm.

The following issues are raised on appeal:

1. Does the doctrine of res judicata...

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