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HENRICHS v. TODD

No. 90-222.

800 P.2d 710 (1990)

Darrell D. HENRICHS, Plaintiff and Respondent, v. Donna E. TODD, Defendant and Appellant.

Supreme Court of Montana.

Decided November 8, 1990.

Rehearing Denied November 29, 1990.

Attorney(s) appearing for the Case

Calvin J. Stacey, Keefer, Roybal, Hanson, Stacey & Walen, Billings, for defendant and appellant.

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

HUNT, Justice.

Donna E. Todd appeals from the order of the District Court, Thirteenth Judicial District, Yellowstone County, granting a new trial to Darrell Henrichs, plaintiff, for irregularities in communications between the bailiff and the jury. We affirm.

The issues presented on appeal are:

1. Did the bailiff improperly communicate with the jury?

2. Did the irregularity affect the substantial rights...

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