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TRANKEL v. STATE, DEPT. OF MILITARY AFFAIRS

No. 96-026.

938 P.2d 614 (1997)

James B. TRANKEL, Plaintiff and Appellant, v. STATE of Montana, DEPARTMENT OF MILITARY AFFAIRS, Montana Army National Guard, Defendants and Respondents.

Supreme Court of Montana.

Decided April 30, 1997.

Attorney(s) appearing for the Case

Erik B. Thueson and James T. Towe (argued), Thueson & Lamb, Helena, for Plaintiff and Appellant.

Joseph P. Mazurek, Attorney General, James M. Scheier and Thomas G. Bowe (argued), Assistant Attorneys General, Agency Legal Services, Helena, William Gianoulias, Risk Management and Tort Division, State of Montana, Helena, for Defendants and Respondents.

Mike T. McCabe, Staff Judge Advocate, Helena, for Defendant and Respondent Montana National Guard.

TRIEWEILER, Justice.

The plaintiff, James B. Trankel, commenced this action in the District Court for the First Judicial District in Lewis and Clark County to recover damages for personal injuries sustained while working on property owned and controlled by the defendant, State of Montana, through its Department of Military Affairs. The State moved to dismiss Trankel's complaint pursuant to Rule 12(b)(6), M.R.Civ.P. After considering the arguments of the parties, the...

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