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IN RE ESTATE OF BRAATEN

No. 03-277.

96 P.3d 1125 (2004)

2004 MT 213

322 Mont. 364

In the Matter of the ESTATE OF Keith P. BRAATEN, Deceased.

Supreme Court of Montana.

Decided August 17, 2004.

Attorney(s) appearing for the Case

For Appellant: Joseph T. Swindlehurst, Huppert, Swindlehurst & Woodruff, P.C., Livingston, Montana.

For Respondent: Karl Knuchel, Attorney at Law, Livingston, Montana, Great Falls, Montana.

Justice JIM RICE delivered the Opinion of the Court.

¶ 1 Barney Braaten, the Personal Representative of Keith P. Braaten's estate, appeals the order filed on March 13, 2003, in the Sixth Judicial District Court, Park County, granting judgment in favor of Herman Braaten against the estate. We reverse the District Court's order.

¶ 2 The following issue is dispositive on appeal:

¶ 3 Did the District Court err in granting Herman's claim...

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