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TEREX CORP. v. HOUGH

No. 01-173.

50 P.3d 317 (2002)

2002 WY 112

TEREX CORPORATION, a Delaware corporation; and Louis Lopez, Appellants (Defendants), v. Betty A. HOUGH, Personal Representative of the Estate of Roy W. Hough, deceased, Appellee (Plaintiff).

Supreme Court of Wyoming.

July 18, 2002.

Attorney(s) appearing for the Case

Anthony T. Wendtland of Davis & Cannon, Sheridan, WY, Representing Appellant Terex Corporation.

Joe M. Teig, P.C. and Paula A. Fleck of Holland & Hart, LLP, Jackson Hole, WY, Representing Appellant Louis Lopez.

Stephen H. Kline of Kline Law Office, P.C., Cheyenne, Wyoming, and Kenneth E. Barker of Barker, Wilson, Reynolds & Burke, Belle Fourche, SD, Representing Appellee.

Before HILL, C.J., and GOLDEN, LEHMAN, KITE, and VOIGT, JJ.

VOIGT, Justice.

[¶ 1] This is an appeal from the district court's dismissal of a wrongful death action based on a lack of subject matter jurisdiction. We conclude that, at the time the district court ruled on the motions before it, it did have subject matter jurisdiction, and we, therefore, reverse.1 In doing so, we overrule our previous holding in Makinen v. PM P.C.,

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