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OTTO v. MONTANA DEPT. OF FISH, WILDLIFE

No. 99-706.

15 P.3d 402 (2000)

2000 MT 333

Lauryl Lee OTTO a/k/a Lauryl L. Otto, as Personal Representative of the Estate of James Patrick Irish, and as Guardian of the Estate of Joshua James Irish-Otto, Jeremy Beau Irish-Otto, and Tiffany Nikole Irish-Otto, Plaintiff and Appellant, v. MONTANA DEPARTMENT OF FISH, WILDLIFE AND PARKS; Montana Department of Natural Resources and Conservation; Hydrometrics, Inc., a Delaware corporation; Rex R. Seeley d/b/a Montana Outdoor Sports, a sole proprietorship; and U.S. Divers Co., Inc., a Delaware corporation, Defendants and Respondents.

Supreme Court of Montana.

Decided December 14, 2000.

Attorney(s) appearing for the Case

Steven M. Johnson, Timothy B. Strauch; Church, Harris, Johnson, & Williams, Great Falls, MT, For Appellant.

James M. Scheier, Agency Legal Services Bureau, Department of Justice; Donald MacIntyre, Department of Natural Resources and Conservation, Helena, MT (for Montana Dept. of Fish, Wildlife and Parks and Montana Dept. of Natural Resources and Conservation).

Michael F. McMahon, Stuart L. Kellner; Hughes, Kellner, Sullivan & Alke, Helena, MT (for Hydrometrics, Inc.).

Jon Metropoulos; Gough, Shanahan, Johnson & Waterman, Helena, MT (for Montana Outdoor Sports).

Richard A. Lesser; Lesser & Associates, Redondo Beach, California, Joe Seifert; Keller, Reynolds, Drake, Johnson & Gillespie, Helena, MT (for U.S. Divers).

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

¶ 1 Appellant Lauryl L. Otto (Otto), in her capacity as personal representative of the estate of Patrick Irish, filed an action in the Montana First Judicial District Court, Lewis and Clark County, to recover damages for the benefit of her minor children for the wrongful death of her former husband, the father of her children, Patrick Irish (Irish). The respondents moved under former Rule 41(e),...

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