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HOLLISTER v. FORSYTHE

No. 94-469.

889 P.2d 1205 (1995)

Marilyn HOLLISTER, Plaintiff and Appellant, v. John FORSYTHE, individually and as a public officer and Rosebud County, a Montana Political Subdivision, Defendants and Respondents.

Supreme Court of Montana.

Decided February 16, 1995.

Attorney(s) appearing for the Case

K.D. Peterson; Peterson & Schofield, Billings, for Appellant.

Steven J. Lehman; Crowley, Haughey, Hanson, Toole & Dietrich, Billings; K. Kent Koolen and Ramona Heupel Stevens; Moulton, Bellingham, Longo & Mather, Billings, for Respondent.

LEAPHART, Justice.

This is an appeal from the July 26, 1994, order of the Montana Sixteenth Judicial District Court dismissing plaintiff Hollister's claims on the basis that her claims were barred by the applicable statute of limitations. We reverse and remand.

Issue

Under Montana's "renewal" statute, § 27-2-407, MCA, is the statute of limitations tolled for one year from the date a claim is...

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