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VIVIER v. STATE DEPT. OF TRANSP.

No. 00-442.

35 P.3d 958 (2001)

306 Mont. 454

2001 MT 221

James Cyr VIVIER and Kim Vivier, husband and wife, and parents of Kelly Vivier, a minor child; Kelly Vivier, individually; James Cyr Vivier and Thomas S. Winsor as conservators of the estate of Kelly Vivier, Plaintiffs and Appellants, v. STATE of Montana DEPARTMENT OF TRANSPORTATION; Lewis and Clark County; and the Lewis and Clark County Commissioners, Defendants and Respondents.

Supreme Court of Montana.

Decided November 8, 2001.

Attorney(s) appearing for the Case

Thomas S. Winsor, Michael Scott Winsor, Winsor Law Firm, PLLC, Helena, MT, for Appellants.

P. Keith Keller, Charles G. Adams, Keller, Reynolds, Drake, Johnson and Gillespie, P.C., (State of Montana), Allen B. Chronister, Chronister, Moreen & Larson, P.C., Helena, MT, (Lewis and Clark County and Lewis and Clark County Commissioners), for Respondents.

Justice JIM REGNIER delivered the Opinion of the Court.

¶ 1 Plaintiffs James Cyr Vivier, et al., ("The Viviers") appeal from the orders granting summary judgment in favor of the Defendants as well as the order denying their motions to alter or amend judgment issued by the First Judicial District Court, Lewis and Clark County. The Viviers raise a number of issues on appeal. We find the following issue dispositive: whether the District Court erred when it concluded...

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