CALCATERRA v. MONTANA RESOURCES

No. 00-729.

32 P.3d 764 (2001)

2001 MT 193

Karen CALCATERRA, individually and as the Personal Representative of the Estate of Carl J. Calcaterra, deceased, Plaintiff and Appellant, v. MONTANA RESOURCES, Defendant and Respondent.

Supreme Court of Montana.

Decided September 20, 2001.


Attorney(s) appearing for the Case

Bernard J. Ben Everett, Knight, Dahood, McLean & Everett, Anaconda, MT., for Appellant.

Ronald B. MacDonald, Datsopoulos, MacDonald & Lind, Missoula, MT., for Respondent.


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

¶ 1 Karen Calcaterra (Karen) filed a Rule 60(b)(6), M.R.Civ.P., motion for reconsideration and relief from a judgment of dismissal, based on a change in the law, in the Second Judicial District Court, Silver Bow County. The motion was deemed denied after the District Court failed to timely rule on it, and Karen appeals. We affirm.

¶ 2 The issue on appeal is whether the denial of Karen...

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