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HINKLE v. SHEPHERD SCHOOL DIST. # 37

No. 02-772.

93 P.3d 1239 (2004)

2004 MT 175

Victor and Marilyn HINKLE on behalf of Rockwell Hinkle, a minor, Plaintiffs and Appellants, v. SHEPHERD SCHOOL DISTRICT # 37, Jim Browning and James "Shorty" Horn, Defendants and Respondents.

Supreme Court of Montana.

Decided July 1, 2004.

Attorney(s) appearing for the Case

For Appellant: Lee Rindal, Rindal Law Firm, Billings, Montana.

For Respondent: Marshall Mickelson, Corette Pohlman & Kebe, Butte, Montana.

Justice PATRICIA O. COTTER delivered the Opinion of the Court.

¶ 1 Victor and Marilyn Hinkle, individually and on behalf of Rockwell "Rocky" Hinkle, ("Rocky" and "Hinkles"), appeal the District Court's Order granting summary judgment to Shepherd School District # 37, Jim Browning, and James "Shorty" Horn ("Defendants"). While we agree the District Court erred in concluding that Defendants owed no duty to Hinkles, we affirm the summary judgment on the issue of...

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