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FRANKLIN v. SWENSON

No. 90-169.

798 P.2d 122 (1990)

Robert B. FRANKLIN, Plaintiff and Respondent, v. A. Wesley SWENSON, Defendant and Appellant.

Supreme Court of Montana.

Decided September 11, 1990.

Attorney(s) appearing for the Case

Patrick F. Flaherty, Flaherty & Winner, Great Falls, for defendant and appellant.

Joan E. Cook, Miller & Cook, Great Falls, for plaintiff and respondent.

WEBER, Justice.

Defendant's appeal from Justice Court to the District Court of the Eighth Judicial District, Cascade County, was dismissed on the grounds that the undertaking filed failed to meet the requirements of either §§ 25-33-201 or 25-33-205, MCA. From that decision, defendant appeals to this Court. We reverse.

The sole issue for our review is whether the District Court properly dismissed Swenson's appeal from Justice Court?

Plaintiff...

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