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HARRIS v. TAYLOR

No. 98-103.

969 P.2d 142 (1998)

Gerald G. "Arky" HARRIS, Appellant (Plaintiff), v. Burt TAYLOR, as Personal Representative of the Estate of Gaylene Harris, Deceased, Appellee (Defendant).

Supreme Court of Wyoming.

December 9, 1998.

Attorney(s) appearing for the Case

Donald J. Sullivan, Cheyenne, Wyoming, for Appellant.

Monty L. Barnett of White and Steele, P.C., Denver, Colorado, for Appellee.

Before LEHMAN, C.J., and THOMAS, MACY, GOLDEN and TAYLOR, JJ.

GOLDEN, Justice.

In this case, we consider whether WYO. R. CIV. P. 60(b) affords any relief for an untimely appeal of an order granting summary judgment, and if so, whether a personal injury creditor's failure to give notice of a claim to the estate's personal representative permits summary judgment against the creditor when the personal representative did not provide actual notice to a known creditor as required by WYO. STAT. § 2-7-205(a) (1997).

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