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MARSHALL v. STATE DEPT. OF NAT. RES.

No. 91-400.

830 P.2d 1250 (1992)

Larry MARSHALL, Plaintiff and Appellant, v. The STATE of Montana; the Department of Natural Resources and Conservation; and the Department of Administration, Defendants and Respondents.

Supreme Court of Montana.

Decided April 15, 1992.

Attorney(s) appearing for the Case

John Bobinski, Helena, for plaintiff and appellant.

Marc Racicot, Atty. Gen.; James M. Scheier, Asst. Atty. Gen., Helena for defendants and respondents.

McDONOUGH, Justice.

Larry Marshall appeals from an order of the First Judicial District Court, Lewis and Clark County, granting the State's motion to dismiss and denying Marshall's motion to amend his complaint. We reverse.

The sole issue on appeal is whether the District Court erred in determining Marshall's complaint failed to state a claim upon which relief can be granted.

On January 6, 1987, the personnel...

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