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DORWART v. CARAWAY

No. 95-446.

966 P.2d 1121 (1998)

1998 MT 191

Russell Edward DORWART and Harry Dorwart, Plaintiffs, Appellants and Cross-Respondents, v. Paul CARAWAY, individually and as a deputy in the Stillwater County Sheriff's Office; Danny Ames, individually and as a deputy in the Stillwater County Sheriff's Office; Cliff Brophy, individually and as Sheriff of Stillwater County, Montana; and County of Stillwater, State of Montana, Defendants, Respondent and Cross-Appellants.

Supreme Court of Montana.

Submitted July 15, 1997.

Decided August 4, 1998.

As Amended on Denial of Rehearing November 12, 1998.

Attorney(s) appearing for the Case

Gary R. Thomas (argued); Thomas Law Office, Red Lodge, for Appellants.

Steven R. Milch (argued); Crowley, Haughey, Hanson, Toole & Dietrich, Billings, for Respondents.

Joseph P. Mazurek, Attorney General; Clay R. Smith, Solicitor, Helena, for Amicus.

GRAY, Justice.

¶ 1 Plaintiffs Russell Edward Dorwart (Dorwart) and Harry Dorwart appeal from the judgment entered by the Thirteenth Judicial District Court, Stillwater County, on its order granting partial summary judgment to defendants Paul Caraway, Danny Ames, Cliff Brophy and Stillwater County. The defendants cross-appeal from the judgment entered by the District Court on its order granting partial summary judgment to Dorwart. We affirm in part, reverse in...

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