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CARL v. CHILCOTE

No. 92-164.

844 P.2d 79 (1992)

Fred G. CARL and Joan A. Carl, Plaintiffs and Appellants, v. William CHILCOTE and City of Missoula, Montana, Defendants and Respondents.

Supreme Court of Montana.

Decided December 17, 1992.

Attorney(s) appearing for the Case

Charles F. Moses, Moses Law Firm, Billings, for plaintiffs and appellants.

William P. Driscoll, Gough, Shanahan, Johnson & Waterman, Helena, for City of Missoula).

William L. Crowley, Boone, Karlberg & Haddon, Missoula, for Chilcote.

HUNT, Justice.

Plaintiffs and appellants, Fred G. Carl and Joan A. Carl, husband and wife, appeal from the adverse decisions of the District Court of the Fourth Judicial District, Missoula County. The District Court granted summary judgment to both defendants and respondents, William Chilcote and the City of Missoula (City). We affirm.

There are two issues before the Court:

1. Did the District Court err in granting summary judgment in favor of Chilcote...

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