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MURPHY v. STATE

No. 90-271.

809 P.2d 16 (1991)

Daryle R. MURPHY, as Guardian Ad Litem for L.C., Plaintiff and Appellant, v. STATE of Montana, and the Department of Institutions for the State of Montana, Defendants and Respondents.

Supreme Court of Montana.

Decided April 11, 1991.

Attorney(s) appearing for the Case

Donald W. Molloy, Gary E. Wilcox, and Terry L. Seiffert, Billings, for plaintiff and appellant.

Mark D. Parker, Billings, Kimberly A. Kradolfer, Asst. Atty. Gen., Helena, for defendants and respondents.

TURNAGE, Chief Justice.

The plaintiff, L.C., brought this action in the District Court of the First Judicial District, Lewis and Clark County, to recover damages from the State of Montana as a consequence of her confinement and treatment in the Montana State Hospital at Warm Springs. Here, she appeals an order granting partial summary judgment to the State for all acts or omissions before July 1, 1973. We affirm.

The issues are:

1. Did the District...

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