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KING v. STATE

No. 92-545.

856 P.2d 954 (1993)

Clarence KING, and Lois Fay KING, on their own behalf and as Personal Representatives of the Estate of David R. King, Plaintiffs and Appellants, v. The STATE of Montana, the State Hospital, and the Department of Institutions, Defendants and Respondents.

Supreme Court of Montana.

Decided July 20, 1993.

Attorney(s) appearing for the Case

Howard C. Greenwood, Hamilton for plaintiffs and appellants:

Norman C. Peterson, Agency Legal Services Bureau, Helena; William Gianoulias, Risk Management and Tort Defense Division, Dept. of Admin., Helena, for defendants and respondents.

NELSON, Justice.

This is an appeal from an Opinion and Order of the Twenty-First Judicial District Court granting Defendants' motion to dismiss the Plaintiffs' complaint for its failure to state a claim upon which relief may be granted. We affirm.

We restate the issues on appeal as follows:

1. Did the District Court err in dismissing the Plaintiffs' negligence claim against the Defendants?

2. Did the District Court err in dismissing the Plaintiffs...

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