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KOCH v. BILLINGS SCHOOL DIST. NO. 2

No. 91-380.

833 P.2d 181 (1992)

Rae Jean KOCH, as next friend of John Koch, a/k/a John Mindt, a Minor, Plaintiffs and Appellants, v. BILLINGS SCHOOL DISTRICT NO. 2, Defendant and Respondent.

Supreme Court of Montana.

Decided June 11, 1992.

Attorney(s) appearing for the Case

Gary R. Thomas, Thomas Law Office, Red Lodge, for plaintiff and appellant.

Michael W. Tolstedt, Anderson, Brown, Gerbase, Cebull, Fulton, Harman & Ross, Billings, for defendant and respondent.

HARRISON, Justice.

This is an appeal from an order of the Thirteenth Judicial District Court, Yellowstone County, Montana, which granted summary judgment to the respondent. The action arose from a negligence claim involving a student who was injured while attempting a teacher-supervised weight lifting maneuver at his junior high school. The District Court denied appellant's motion for relief from judgment under Rule 60(b), M.R.Civ.P. We reverse.

We restate...

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