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HYDE v. EVERGREEN VOLUNTEER RURAL FIRE DEPT.

No. 91-234.

828 P.2d 1377 (1992)

Tom HYDE and Carol Hyde, Plaintiffs and Appellants, v. EVERGREEN VOLUNTEER RURAL FIRE DEPARTMENT, Defendant and Respondent.

Supreme Court of Montana.

Decided March 31, 1992.

Attorney(s) appearing for the Case

Thomas E. Boland (argued), Regnier, Lewis and Boland, Great Falls, for plaintiffs and appellant,

L.D. Nybo, Allen P. Lanning (argued), Conklin, Nybo, LeVeque and Murphy, Great Falls, for defendant and respondent.

TURNAGE, Chief Justice.

Plaintiffs Tom and Carol Hyde brought this action to recover damages incurred in a fire at their home. The District Court for the Eleventh Judicial District, Flathead County, granted summary judgment to defendant Evergreen Volunteer Rural Fire Department (Evergreen). The court ruled that Evergreen is immune from suit under § 7-33-2208, MCA (1985). The Hydes appeal. We affirm.

The issues are:

1. Did the District Court err...

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