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SMITH v. BUTTE-SILVER BOW COUNTY

No. 93-448.

878 P.2d 870 (1994)

Billie SMITH, Personal Representative of the Estate of Richard A. Smith, deceased, and on behalf of Philana V. SMITH and Estelle M. Smith, children of the deceased, Plaintiff and Appellant, v. BUTTE-SILVER BOW COUNTY, a consolidated government, and the State of Montana, Defendants and Respondents.

Supreme Court of Montana.

Decided July 11, 1994.

Attorney(s) appearing for the Case

Thomas M. Malee, Billings, for appellant.

John M. Maynard, Marcia D. Morton, Browning, Kaleczyc, Berry & Hoven, Helena, for respondent Butte-Silver Bow County.

James P. Harrington, Butte, for respondent State of Montana.

GRAY, Justice.

In this appeal, we review orders of the Second Judicial District Court, Silver Bow County, granting summary judgment on the basis of prosecutorial immunity to Butte-Silver Bow County (the County) and the State of Montana (the State), denying leave to amend a complaint, and dismissing claims due to discovery abuse. We reverse the summary judgment in favor of the County and affirm the summary judgment in favor...

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