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POEPPEL v. FLATHEAD COUNTY

No. 98-717.

982 P.2d 1007 (1999)

1999 MT 130

Richard POEPPEL, Plaintiff and Appellant, v. FLATHEAD COUNTY, a body politic, Defendant and Respondent.

Supreme Court of Montana.

Decided June 10, 1999.

Attorney(s) appearing for the Case

Richard Dejana, Attorney at law, Kalispell, Montana, for Appellant.

Jonathan B. Smith, Deputy, Office of the County Attorney, Kalispell, Montana, for Respondent.

Justice W. WILLIAM LEAPHART delivered the Opinion of the Court.

¶ 1 The Eleventh Judicial District Court, Flathead County, granted Flathead County's Rule 12(b)(6), M.R.Civ.P., motion to dismiss Richard Poeppel's complaint for failure to state a claim upon which relief can be granted. This is an appeal from that dismissal. We affirm in part and reverse in part and remand for further proceedings.

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