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PIKE v. BURLINGTON NORTHERN RAILROAD

No. 95-235.

903 P.2d 1352 (1995)

Kathryn PIKE, Plaintiff/Appellant, v. BURLINGTON NORTHERN RAILROAD COMPANY, Defendant/Respondent.

Supreme Court of Montana.

Decided September 29, 1995.

Attorney(s) appearing for the Case

Elizabeth A. Best, Best Law Offices, Great Falls, for Appellant.

Jeff Hedger, Kroschel & Yerger, Billings, for Respondent.

NELSON, Justice.

Kathryn Pike (Pike) appeals from the March 9, 1995 order of the Twelfth Judicial District Court, Hill County, granting Burlington Northern Railroad's (BN) motion under Rule 12(b)(1), M.R.Civ.P., and dismissing her complaint for lack of subject matter jurisdiction. We reverse and remand for further proceedings consistent with this opinion.

The sole issue to be decided in this appeal is whether Pike...

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