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BICKLER v. RACQUET CLUB HEIGHTS ASSOC.

No. 92-198.

850 P.2d 967 (1993)

Irene BICKLER, individually and as personal representative of the Estate of Bucky Robert Bickler, deceased, and Victor Bickler, individually, Plaintiffs and Appellants, v. THE RACQUET CLUB HEIGHTS ASSOCIATES, a co-partnership consisting of Walter Francke, M.D., Willard D. Johnson, and Orval Graham, Defendants and Respondents.

Supreme Court of Montana.

Decided April 15, 1993.

Order Changing Opinion on and Otherwise Denying Clarification and Rehearing May 13, 1993.

Attorney(s) appearing for the Case

William P. Fitzgerald, Lynaugh, Fitzgerald, Eiselein & Eakin, Billings.

Ward Swanser, Moulton, Bellingham, Longo & Mather, Billings.

WEBER, Justice.

Plaintiffs Irene Bickler and Victor Bickler appeal the December 22, 1988 order of the District Court of the Thirteenth Judicial District, Yellowstone County, Montana, granting summary judgment in favor of defendant Racquet Club Heights Associates. We affirm.

The issues presented for our review are:

1. Did the District Court err in concluding that acts or omissions of Racquet Club Heights Associates were not the proximate cause of a...

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