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QUIRIN v. WEINBERG

No. 91-300.

830 P.2d 537 (1992)

Peter R. QUIRIN and Patricia F. Quirin, husband and wife, Plaintiffs and Respondents, v. Thomas A. WEINBERG and Carolyn J. Weinberg, Defendants and Appellants, and County of Yellowstone, a Political Subdivision of the State of Montana, Defendant and Respondent. Thomas A. WEINBERG and Carolyn J. Weinberg, Defendant, Third-Party Plaintiffs and Appellants, v. The STATE of Montana and Delbert Walter and Carol Walter, Third-Party Defendants and Respondents.

Supreme Court of Montana.

Decided April 15, 1992.

Attorney(s) appearing for the Case

Michael J. Whalen, Whalen & Whalen, Billings, for appellants.

Dennis Paxinos, County Atty., Anne Sheehy and David Hoefer, Deputy County Atteys., Court E. Ball, Towe, Ball, Enright & Mackay; Ward Swanser, Moulton, Bellingham, Longo & Mather, Billings; Mark D. Parker, Attorney at Law, Helena.

McDONOUGH Justice.

Third party plaintiffs, Thomas A. and Carolyn J. Weinberg (Weinberg) appeal from an order of the Thirteenth Judicial District, Yellowstone County, granting summary judgment in favor of defendant Yellowstone County and third party defendants Delbert and Carol Walter and the State of Montana. The District Court dismissed Weinberg's negligence action against the County and the State because no duty was owed. Weinberg's request that the District Court...

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