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KARLEN v. EVANS

No. 95-166.

915 P.2d 232 (1996)

Louis William KARLEN and Betty J. Karlen, Plaintiffs/Respondents, v. Bruce Allen EVANS, Defendant/Appellant.

Supreme Court of Montana.

Decided April 16, 1996.

Attorney(s) appearing for the Case

Neil E. Ugrin & Roger T. Witt, Ugrin, Alexander, Zadick & Higgins, Great Falls, for Appellant.

Jason G. Dykstra & David A. Hopkins, Marra, Wenz, Johnson & Hopkins, Great Falls, for Respondents.

NELSON, Justice.

Bruce Allen Evans (Evans) filed a Motion to Dismiss for failure to prosecute the complaint filed against him by Louis and Betty Karlen (the Karlens) in the Eighth Judicial District Court, Cascade County. The District Court granted Evans' motion and dismissed the complaint with prejudice. Several months later, upon motion by the Karlens, the District Court ordered the dismissal set aside pursuant to Rule 60(b)(6), M.R.Civ.P. Evans appeals. We affirm...

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