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LINDER v. MISSOULA COUNTY

No. 91-146.

824 P.2d 1004 (1992)

Ronald and Nani LINDER, Husband and Wife, Plaintiffs and Respondents, v. MISSOULA COUNTY, a governmental entity, Defendant and Appellant. and MISSOULA COUNTY, a governmental entity, Third-Party Plaintiff and Appellant, v. STATE of Montana, DEPARTMENT OF HEALTH AND ENVIRONMENTAL SCIENCES, Third-Party Defendant and Respondent.

Supreme Court of Montana.

Submitted November 21, 1991.

Decided January 14, 1992.

Rehearing Denied February 13, 1992.

Attorney(s) appearing for the Case

Sarah M. Power, Gough, Shanahan, Johnson & Waterman, Helena, for defendant and appellant.

Chris D. Tweeten, Hughes, Kellner, Sullivan & Alke, Helena, for plaintiffs and respondents.

HARRISON, Justice.

This is an appeal from an Order of the Fourth Judicial District Court, Missoula County, Montana wherein summary judgment was granted to the State in a negligence claim surrounding an outbreak of tuberculosis in Missoula County. Missoula County urges reversal, since a previous action arising from the same outbreak incident resulted in an opposite ruling at the district court level. We affirm in part and reverse in part.

We address the following...

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