ESTATE OF McCARTHY v. SECOND JUDICIAL DIST.

No. 98-651.

994 P.2d 1090 (1999)

1999 MT 309

The ESTATE OF Dennis McCARTHY, M.D., Petitioner, v. MONTANA SECOND JUDICIAL DISTRICT COURT, SILVERBOW COUNTY, the Honorable John W. Whelan, Presiding, Respondent.

Supreme Court of Montana.

Submitted March 25, 1999.

Decided December 9, 1999.

Rehearing Denied March 16, 2000.


Attorney(s) appearing for the Case

Larry E. Riley, Lucy T. France (argued); Garlington, Lohn & Robinson, Missoula, Montana, For Petitioner.

Leonard J. Haxby (argued); Haxby & Somers, Butte, Montana, For Respondent.


Justice KARLA M. GRAY delivered the Opinion of the Court.

¶ 1 This case originated in this Court on the application of the Estate of Dennis McCarthy, M.D. (the Estate), for a writ of supervisory control seeking relief from the order of the Second Judicial District Court, Silver Bow County, denying the Estate's motion for summary judgment. Having accepted supervisory control and heard oral arguments, we reverse the order of the District Court and remand for entry...

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