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DAVEY v. NESSAN

No. 91-205.

830 P.2d 92 (1992)

M.E. DAVEY, Plaintiff and Appellant, v. Edward M. NESSAN, Joan E. Nessan, Donald E. Dubeau and Connecticut Mutual Life Insurance Company, a Connecticut corporation, Defendants, Respondents and Appellants. Horton B. KOESSLER, as Personal Representative of the Estate of Horace H. Koessler, Deceased, Plaintiff and Appellant, v. Edward M. NESSAN, Donald E. Dubeau, and Connecticut Mutual Life Insurance Company, a Connecticut corporation, Defendants, Respondents and Appellants.

Supreme Court of Montana.

Decided April 9, 1992.

Attorney(s) appearing for the Case

David A. Veeder, Veeder and Broeder, Billings, for Davey and Koessler.

David R. Paoli, Edwards & Paoli, Billings, for Dubeau.

W. Anderson Forsythe, Moulton Law Firm, for Connecticut Mut. Life Ins. Co.

Vicki W. Dunaway, Billings for Nessan.

TRIEWEILER Justice.

On February 5, 1988, M.E. Davey filed a complaint against Edward M. Nessan, Joan E. Nessan, Donald E. DuBeau, and Connecticut Mutual Life Insurance Company in the Sixteenth Judicial District Court in Rosebud County. On the same day, Horton B. Koessler filed a complaint in the name of Horace H. Koessler in the same court and against the same parties, omitting only Mrs. Nessan.* DuBeau and Nessan answered

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