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DAYBERRY v. CITY OF EAST HELENA

No. 01-839.

80 P.3d 1218 (2003)

2003 MT 321

Jeremy DAYBERRY, and Debbie Lehrkamp, Plaintiffs and Appellants, v. CITY OF EAST HELENA, Defendant and Respondent.

Supreme Court of Montana.

Decided November 25, 2003.

Attorney(s) appearing for the Case

For Appellants: John C. Doubek, Small, Hatch, Doubek & Pyfer, Helena, Montana.

For Respondent: Oliver H. Goe, Browning, Kaleczyc, Berry & Hoven, Helena, Montana.

Justice JAMES C. NELSON delivered the Opinion of the Court.

¶ 1 Jeremy Dayberry (Dayberry), a minor, and his mother, Debbie Lehrkamp, appeal the judgment of the First Judicial District Court, Lewis and Clark County, granting the City of Helena's (the City) motion for summary judgment.

¶ 2 We address the following issue on appeal and affirm:

¶ 3 Did the District Court err in granting the City's motion for summary judgment when Dayberry...

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