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IRION v. PETERSON

No. 90-445.

807 P.2d 714 (1991)

Carla IRION and Russell Irion, Plaintiffs and Appellants, v. Joshua PETERSON, City of Billings, a municipal corporation, School District No. 2 of Billings, Montana, a/k/a Billings Public Schools and Christian, Spring, Sielbach & Associates, a corporation, Defendants and Respondents.

Supreme Court of Montana.

Decided March 19, 1991.

Attorney(s) appearing for the Case

Robert C. Kelleher, Sr., Kelleher Law Office, Butte, for plaintiffs and appellants.

Ramona Heupel Stevens, Moulton, Bellingham, Longo & Mather, Billings (City of Billings) Guy W. Rogers, Anderson, Brown, Gerbase, Cebull, Fulton, Harman & Ross, Billings (Billings Public Schools) for defendants and respondents.

McDONOUGH, Justice.

Plaintiffs Carla and Russell Irion appeal from an order of summary judgment granted by the District Court of the Thirteenth Judicial District, Yellowstone County in favor of defendants City of Billings and the Billings School District. The District Court granted summary judgment on the grounds that immunity pursuant to § 2-9-111, MCA, and the absence of a compensable claim under 42 U.S.C. § 1983

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