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PETERS v. STATE

No. 96-657.

948 P.2d 250 (1997)

Edward C. PETERS, Plaintiff and Respondent, v. STATE of Montana, Defendant and Appellant.

Supreme Court of Montana.

Decided November 7, 1997.

Attorney(s) appearing for the Case

Michael T. McCabe, Lieutenant Colonel, MTARNG, Helena, for Defendant and Appellant.

Lawrence A. Anderson, Great Falls, for Plaintiff and Respondent.

Kelly A. Jenkins, PERD, Helena, for Amicus Curiae.

HUNT, Justice.

Defendant, State of Montana (State), appeals from an order of the Eighth Judicial District Court, Cascade County, granting Plaintiff's Motion To Enforce Judgment. We affirm.

We state the issues on appeal as follows:

1. Did the District Court err in ruling that the State's set-off claim was barred as a compulsory counterclaim under Rule 13(a), M.R.Civ.P.?

2. Did the District Court err in finding that the State's Department of...

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