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BUSCH v. ATKINSON

No. 95-456.

925 P.2d 874 (1996)

Monica A. BUSCH, Plaintiff and Appellant, v. Brian ATKINSON (Michael Atkinson, Jr.), Michael Atkinson, and Rita Atkinson, Defendants and Respondents.

Supreme Court of Montana.

Decided October 24, 1996.

Attorney(s) appearing for the Case

Randy S. Laedeke, Laedeke Law Office, Billings, for Plaintiff and Appellant.

Michael P. Heringer, Matthew H. Thomas, Brown, Gerbase, Cebull, Fulton, Harman & Ross, Billings, for Defendants and Respondents.

NELSON, Justice.

Plaintiff Monica Busch brought this action in the District Court for the Thirteenth Judicial District, Yellowstone County, to recover damages allegedly sustained in an automobile accident involving Defendant Michael Atkinson, Jr. Defendants filed a motion to dismiss based on Plaintiff's failure to have a summons issued within one year of filing the complaint, pursuant to Rule 41(e), M.R.Civ.P. The District...

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