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HIGHAM v. CITY OF RED LODGE

No. 90-471.

807 P.2d 195 (1991)

Tom HIGHAM, d/b/a Red Lodge Garbage Service, Plaintiff and Appellant, v. CITY OF RED LODGE, Defendant and Respondent.

Supreme Court of Montana.

Decided March 19, 1991.

Attorney(s) appearing for the Case

Tom Higham, Kalispell, pro se.

Gary R. Thomas, City Atty., Red Lodge, Rodney T. Hartman and Don M. Hayes, Herndon, Hartman Sweeney & Halverson, Billings, for defendant and respondent.

TURNAGE, Chief Justice.

The District Court for the Thirteenth Judicial District, Carbon County, dismissed plaintiff Tom Higham's tort and constitutional claims against defendant, in a partial summary judgment. It also denied Higham leave to file a third amended complaint. Higham appeals. We affirm.

Restated, the issues are:

1. Did the court err in granting summary judgment in defendant's favor on the tort and constitutional claims?

2. Did the...

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