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  5. 916 P.2d 91 (1996)
 

SMITH v. BUTTE-SILVER BOW COUNTY

No. 95-474.

916 P.2d 91 (1996)

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 May 6, 1996.

Attorney(s) appearing for the Case

Thomas M. Malee, Attorney at Law, Billings, for Appellant.

John H. Maynard, Marcia Davenport; Browning, Kaleczyc, Berry & Hoven, Helena, for Respondents.

GRAY, Justice.

The Estate of Richard A. Smith (Estate) appeals from the judgment entered by the Second Judicial District Court, Silver Bow County, on its order dismissing the Estate's complaint with prejudice. We reverse and remand.

The issue on appeal is whether the District Court abused its discretion in dismissing the Estate's complaint with prejudice pursuant to Rule 37(b)(2)(C), M.R.Civ.P.

This is the second time that this case has been before...

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