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MacPHEAT v. SCHAUF

No. 98-221.

969 P.2d 265 (1998)

1998 MT 250

William R. MacPHEAT, Plaintiff and Appellant, v. Peggy Lee SCHAUF, Defendant and Respondent.

Supreme Court of Montana.

Decided October 20, 1998.

As Amended on Denial of Rehearing December 30, 1998.

Attorney(s) appearing for the Case

William R. MacPheat, Pro se, Deer Lodge, for Appellant.

I. James Heckathorn; Crowley, Haughey, Hanson, Toole & Dietrich, Kalispell, for Respondent.

LEAPHART, Justice.

¶ 1 William R. MacPheat (MacPheat) appeals from the decision of the Eleventh Judicial District, Flathead County, dismissing his case pursuant to Rule 41(e), M.R.Civ.P.

¶ 2 We reverse.

¶ 3 In determining whether the District Court erred, we restate the issues as follows:

¶ 4 1. Whether Peggy Lee Schauf (Schauf) waived issuance of summons and service of process.

¶ 5 2. Whether a case must be...

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